American Federation of Government Employees and Social Security Administration (Authority decision, February 3, 1987)

Final FLRA decision. The Authority denies reconsideration of an earlier decision on exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

The Social Security Administration sought reconsideration of an Authority decision that had denied its exceptions to an arbitration award while changing one remedy. The agency argued that the decision relied on a mistaken fact, overlooked exceptions, and lacked supporting findings. The Authority found that these arguments expressed disagreement with the merits and attempted to relitigate issues it had already decided. It found no extraordinary circumstances and denied reconsideration.

Decision snapshot

• Authority: Reconsideration for extraordinary circumstances under 5 C.F.R. § 2429.17.
• Outcome: Agency request for reconsideration denied.
• Key point: Reasserting objections to the earlier arbitration ruling did not justify reconsideration.

Full text (FLRA public release)

[ v25 p477 ]

25:0477(32)AR

The decision of the Authority follows:

25 FLRA No. 32

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES
Union

and

SOCIAL SECURITY ADMINISTRATION
Agency

Case No. 0-AR-1207
(25 FLRA No. 12)

ORDER DENYING REQUEST FOR RECONSIDERATION

This matter is before the Authority on a request filed by the Agency seeking reconsideration of the Authority's decision of January 13, 1987. The Authority denied the Agency's exceptions to the Arbitrator's award but modified one aspect of the award to substitute the remedy provided by the Statute.

In its decision, the Authority, after careful consideration of the record, determined in regard to the Agency's exceptions which were denied that the Agency had failed to establish that the Arbitrator's award was deficient on any of the grounds set forth in section 7122(a) of the Federal Service Labor-Management Relations Statute. Accordingly, the Authority denied the Agency's exceptions. In support of its request for reconsideration, the Agency makes three arguments: (1) the Authority's decision is based on a nonfact and constitutes an erroneous interpretation of the evidence of record; (2) the Authority's decision fails to address all of the Agency's exceptions to the award; and, (3) the Authority's decision and conclusions are not supported by findings of fact to support its conclusions.

Section 2429.17 of the Authority's Rules and Regulations permit a party that can establish "extraordinary circumstances" to request reconsideration of a decision of the Authority. Here, however, the Authority concludes that the Agency has not established "extraordinary circumstances" within the meaning of section 2429.17. Rather, the arguments presented by the Agency in support of its request essentially constitute nothing more than disagreement with the merits of the Authority's decision and an attempt to relitigate the matter.

Accordingly, the Agency's request for reconsideration is denied.

Issued, Washington, D.C., February 3, 1987.

/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY