U.S. Army Missile Command and American Federation of Government Employees, AFL-CIO, Local 1858 (Authority decision, September 14, 1987)

Final FLRA decision. The Authority denies the Army Missile Command's request to reconsider dismissal of arbitration exceptions and also denies a stay. Under 5 U.S.C. § 7123(a)(1), an Authority 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; the underlying removal review route is governed by 5 U.S.C. § 7121(f).

Plain-English summary

The Authority had dismissed both parties' exceptions to an arbitration award because the award concerned an employee's removal for unacceptable performance, a matter excluded from its exception jurisdiction under 5 U.S.C. § 7122(a). The Army argued on reconsideration that the grievance concerned only a performance appraisal. The Authority found that argument merely disagreed with its earlier ruling and did not establish the extraordinary circumstances required for reconsideration. It denied reconsideration and the requested stay.

Decision snapshot

• Authority: Reconsideration under the Authority's rules; exception jurisdiction under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Reconsideration and stay requests denied.
• Key point: Recasting the removal dispute as an appraisal issue did not establish extraordinary circumstances to reopen the jurisdiction ruling.

Full text (FLRA public release)

[ v28 p953 ]
28:0953(121)AR

The decision of the Authority follows:

28 FLRA NO. 121

U.S. ARMY MISSILE COMMAND

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1858

Union

Case No. 0-AR-1287
(28 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 July 16, 1987, dismissing the Agency's and Union's exceptions to the Arbitrator's award. The Agency also filed a request for a stay of our decision.

In our decision, we determined that both the Agency's and the Union's exceptions to the award may not be filed with the Authority under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) since the award in the case related to the grievant's removal for unacceptable performance.

In support of its request for reconsideration, the Agency argues that we misapplied the restrictions of section 7122(a) of the Statute in this case. It contends that the grievance in this case concerns only the grievant's unsatisfactory performance appraisal and not his removal. Consequently, the Agency maintains that the award does not concern a matter described in section 7121(f) of the Statute.

Section 2429.17 of our 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. Instead, the arguments presented by the Agency in support of its request essentially constitute nothing more than disagreement with the merits of our decision.

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

Issued, Washington, D.C., September 14, 1987

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY