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57 FLRA No. 57

DLA, Defense Distribution Depot, San Joaquin, California and AFGE, AFL-CIO and Laborers' International Union of North America, Local 1276, AFL-CIO, Case No. WA-RP-00062 (DecidedJune 20, 2001)

      Intervenor Laborers' International Union of North America, Local 1276, AFL-CIO filed an application for review of the Regional Director's Decision and Order denying its objections to an election. The application was denied because the Intervenor failed to demonstrate that review was warranted under 5 C.F.R. § 2422.31(c)(3).

      Under 5 C.F.R. § 2422.31(c)(3) the Authority may grant an application for review when the application demonstrates that there is a genuine issue over whether the Regional Director failed to apply established law; committed a prejudicial procedural error; or committed a clear and prejudicial error concerning a substantial factual matter. In this case, the Authority found that the record supported the Regional Director's factual findings and that the Regional Director correctly applied established law.



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