Internal Revenue Service, Indianapolis District and National Treasury Employees Union, Chapter 49 (Authority decision, February 10, 1988)

Final FLRA decision. The Authority denies the IRS district's request to reconsider an earlier order rejecting its 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 Authority had previously reconsidered an arbitration case involving the IRS Indianapolis District and NTEU Chapter 49. It reversed its first decision and denied the district's exceptions to the arbitrator's award. The district then argued that the Authority had failed to consider all of its exceptions. The Authority answered that its prior order expressly denied every exception because the district had shown no defect under the statute. It denied the new reconsideration request as an attempt to relitigate the case.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: District's request for reconsideration denied; prior denial of exceptions remained in place.
• Key point: Disagreement with a decision does not warrant reconsideration when the Authority already resolved all exceptions.

Full text (FLRA public release)

[ v31 p16 ]
31:0016(5)AR
The
decision of the Authority follows:

31 FLRA NO. 5

INTERNAL REVENUE SERVICE
INDIANAPOLIS DISTRICT

Activity

and

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 49

Union

Case No. 0-AR-1246
(30 FLRA No. 96)

ORDER DENYING REQUEST FOR RECONSIDERATION

I. Statement of the Case

This matter is before the Authority on a request filed by the Activity seeking reconsideration of the Authority's Order of December 28, 1987, 30 FLRA No. 96. We deny the request.

In 30 FLRA No. 96, the Union's request for reconsideration maintained that the Authority's decision in 29 FLRA 232 (1987) was inconsistent with established law and that the Arbitrator's determination concerning the status of the grievant was supported by the record. We granted the Union's request for reconsideration and reversed the previous decision, 29 FLRA 232. In addition, we specifically held that "(t)he Activity has not shown that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute). Therefore, the Activity's exceptions are denied." 30 FLRA No. 96, slip op. at 2 (1987).

II. The Activity's Request

The Activity contends that all of its exceptions to the Arbitrator's award were not considered by the Authority.

III. Discussion

The Activity's request provides no basis on which to grant reconsideration. As previously noted, we denied all of the Activity's exceptions because the Activity had not shown that the Arbitrator's award was deficient on any of the grounds set forth in section 7122(a) of the Statute. Consequently, the Activity's arguments constitute nothing more than disagreement with the merits of the Authority's decision and an attempt to relitigate the matter.

IV. Order

The request for reconsideration is denied.

Issued, Washington, D.C.,February, 10, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY