Department of Health and Human Services, Social Security Administration and American Federation of Government Employees (Authority decision, April 30, 1987)

Final FLRA decision. The Authority denies SSA’s request to reconsider its earlier denial of arbitration exceptions and denies a stay. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

SSA sought reconsideration of an Authority decision denying its exceptions to an arbitration award. It asked the Authority to await an appeal in another case that SSA said raised similar issues. The Authority found no extraordinary circumstances and characterized the request as disagreement with its earlier ruling. It also noted that the appeals court had already dismissed SSA’s petition in the other case, and denied reconsideration and a stay.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a); reconsideration under 5 C.F.R. § 2429.17.
• Outcome: Reconsideration and stay denied; earlier award review ruling stands.
• Key point: A related appeal that had been dismissed did not justify reopening the arbitration decision.

Full text (FLRA public release)

[ v26 p781 ]

26:0781(91)AR

The decision of the Authority follows:

26 FLRA No. 91

DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION
Agency

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Union

Case No. 0-AR-1213
(26 FLRA No. 3)

ORDER DENYING REQUEST FOR RECONSIDERATION

This matter is before the Authority on a request filed by the Agency seeking reconsideration of our decision of March 4, 1987, denying the Agency's exceptions to the Arbitrator's award. The Agency also filed a request for a stay of our decision.

In our decision, after careful consideration of the record, we determined 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, we denied the Agency's exceptions.

In support of its request for reconsideration, the Agency argues that the decision involves issues which fall within the purview of the Petition for Review filed by the Agency with the United States Court of Appeals for the Fourth Circuit in another case, American Federation of Government Employees and Social Security Administration, 25 FLRA No. 12 (1986), request for reconsideration denied, 25 FLRA No. 32 (February 3, 1987), petition for review dismissed sub nom. Department of Health and Human Services, Social Security Administration v. FLRA, No. 87-3808 (4th Cir. April 21, 1987). The Agency asserts that: (1) the decision of the Fourth Circuit should dispose of the central issues underlying the exceptions in this case; (2) granting the request for reconsideration would eliminate simultaneous litigation through the unfair labor practice process for enforcement or compliance with the Authority's decision; and (3) granting the request for reconsideration would eliminate the need to file a Petition for Review with the Fourth Circuit in this case. The Agency requests that we reconsider our decision and hold the matter in abeyance pending the outcome of its appeal to the Fourth Circuit.

Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish "extraordinary circumstances" to request reconsideration of a decision of the Authority. Here, however, we conclude 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 our decision. Moreover, as indicated above, the Fourth Circuit dismissed the Agency's Petition for Review on April 21, 1987.

Accordingly, the Agency's request for reconsideration is denied. The Agency's request for a stay is likewise denied.

Issued, Washington, D.C., April 30, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY