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49:0003(1)AC
The decision of the Authority follows:

49 FLRA No. 1

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

DEFENSE COMMISSARY AGENCY

FORT MONROE, VIRGINIA

(Activity)

and

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES, LOCAL R4-11

(Labor Organization/Petitioner)

WA-AC-20195

WA-RO-20194

_____

DEFENSE COMMISSARY AGENCY

NAVY COMMISSARY STORE GROUP

NORFOLK, VIRGINIA

(Activity)

and

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES, LOCAL R4-45

(Labor Organization/Petitioner)

WA-AC-20193

WA-RO-20538

_____

DEFENSE COMMISSARY AGENCY

SAN DIEGO, CALIFORNIA

(Activity)

and

NATIONAL FEDERATION OF FEDERAL

EMPLOYEES, LOCAL 63

(Labor Organization/Petitioner)

SA-AC-20016

_____

DEFENSE COMMISSARY AGENCY

DEFENSE COMMISSARY STORE CHARLESTON

CHARLESTON, SOUTH CAROLINA

(Activity)

and

FEDERAL EMPLOYEES METAL TRADES COUNCIL

OF CHARLESTON

(Labor Organization/Petitioner)

WA-AC-20781

WA-RO-20780

_____

DEFENSE COMMISSARY AGENCY

GOVERNORS ISLAND COMMISSARY

GOVERNORS ISLAND, NEW YORK

(Activity)

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2747

(Labor Organization/Petitioner)

BY-RO-20029

_____

DEFENSE COMMISSARY AGENCY

FALLON, NEVADA

(Activity)

and

LABORERS' INTERNATIONAL UNION

OF NORTH AMERICA, LOCAL 169

(Labor Organization/Petitioner)

SF-AC-20009

_____

DEFENSE COMMISSARY AGENCY

STOCKTON, CALIFORNIA

(Activity)

and

LABORERS' INTERNATIONAL UNION

OF NORTH AMERICA, LOCAL 1276

(Labor Organization/Petitioner)

SF-AC-20005

_____

DEFENSE COMMISSARY AGENCY

VALLEJO, CALIFORNIA

(Activity)

and

LABORERS' INTERNATIONAL UNION

OF NORTH AMERICA, LOCAL 1276

(Labor Organization/Petitioner)

SF-AC-20010

_____

ORDER GRANTING APPLICATION FOR REVIEW

February 3, 1994

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on an application for review filed by the American Federation of Government Employees, Local 2747 (AFGE), the Petitioner in Case No. BY-RO-20029, under section 2422.17(a) of the Authority's Rules and Regulations.

In its petition before the Regional Director (RD), AFGE sought an election in a unit of all nonprofessional employees of the Defense Commissary Agency, Governors Island Commissary, Governors Island, New York (the Activity). The RD consolidated the petition in Case No. BY-RO-20029 with ten other petitions for purposes of hearing and decision. In his decision and order in Case No. BY-RO-20029, the RD found that the unit sought by AFGE was not appropriate under section 7112(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute) and he dismissed AFGE's petition.

AFGE seeks review of the RD's decision in Case No. BY-RO-20029. The RD's decision as to the other ten petitions has not been challenged. The Activity did not file an opposition to AFGE's application for review.

II. Order

We find that AFGE has established that compelling reasons exist for granting the application for review of the RD's decision and order pursuant to the provisions of section 2422.17 of the Authority's Rules and Regulations. In particular, we grant the application for review as to the following issue:

Whether the RD's conclusion that the employees of the Activity's Governor's Island commissary store do not constitute an appropriate unit within the meaning of the Statute is supported by the record and consistent with Authority precedent.

Accordingly, we grant the application for review of the RD's decision and order. In accordance with section 2422.17(g) of our Rules and Regulations, the parties may, within 10 days after issuance of this Order, submit briefs on the issue raised by the application for review. Briefs should be directed to:

Alicia N. Columna
Director, Case Control Office
Federal Labor Relations Authority
The Westory Building
607 14th Street, N.W., 4th Floor
Washington, D.C. 20424-0001

FOOTNOTES:
(If blank, the decision does not have footnotes.)