Click here to view the decision.
55 FLRA No. 199
Army and Air Force Exchange Service Dallas, Texas and NAGE and NFFE, Case No. DA-RP-80024 (Decided January 18, 2000)
This case came before the Authority on an application for review filed seeking review of the regional director's (RD) decision and order on objections to election. The RD dismissed NFFE's objections to the conduct of the election. The Authority dismissed the application for review after concluding that the RD did not commit a prejudicial procedural error in ordering a mail ballot election. The Authority noted that section 2422.16(b) affords an RD the discretion to establish the method of election where parties are not able to agree to those procedures on their own. Here, the parties were unable to agree to the method of election, thus consistent with section 2422.16(b), the RD in this case had the discretion to direct a mail ballot election where the parties were unable to agree to the method of election.
The Authority also held that the RD did not commit a clear and prejudicial error concerning a substantial factual matter in determining the notices of election were posted on the date the mail ballots were mailed to eligible voters. The Authority found no basis for concluding that the election notices were not timely posted as required under 5 C.F.R. § 2422.23(b). The Authority also held that the RD did not commit a clear and prejudicial error concerning a substantial factual matter in determining that Agency representatives did not distribute NAGE flyers. In this regard, the Authority noted that as the RD found that the Agency did not improperly distribute NAGE literature, and the evidence offered by NFFE was insufficient to support its claim to the contrary, there was no basis for concluding that the RD's determination was erroneous.