American Federation of Government Employees and Social Security Administration (Authority decision, November 30, 1987)

Final FLRA decision. The Authority denies the union's request to reconsider its ruling on 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 union asked the Authority to reconsider part of an earlier decision on the Social Security Administration's exceptions to an arbitration award. That earlier decision had set aside part of the award and directed the parties to resolve the dispute or submit it to another arbitrator. The union called that result unprecedented and unforeseeable, and pointed to other pending arbitration cases. The Authority found no extraordinary circumstances warranting reconsideration. It treated the union's arguments as disagreement with the prior ruling and denied the request.

Decision snapshot

• Authority: Reconsideration under 5 C.F.R. § 2429.17 of an arbitration exceptions decision.
• Outcome: Union's request for reconsideration denied.
• Key point: Disagreement with a prior ruling does not establish extraordinary circumstances for reconsideration.

Full text (FLRA public release)

[ v30 p371 ]

30:0371(45)AR

The decision of the Authority follows:

30 FLRA NO. 45
30 FLRA 371

30 NOV 1987

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES

Union

and

SOCIAL SECURITY ADMINISTRATION

Agency

Case No. 0-AR-1336
(29 FLRA No. 125)

DECISION DENYING REQUEST FOR RECONSIDERATION

This matter is before the Authority on a request filed by the Union seeking reconsideration of the Authority's decision of November 6, 1987, in 29 FLRA No. 125. In that case, the Authority denied the Agency's first, third, and fourth exceptions. The Authority (Member McKee dissenting in part) granted the Agency's second exception, set aside the Arbitrator's award as it related to that exception, urged the parties to resolve the dispute bilaterally, and directed the parties to submit their dispute to another neutral arbitrator if they were unwilling or unable to resolve it themselves.

The Union argues that reconsideration of the decision is warranted because the Authority's disposition of the Agency's second exception is (1) "unprecedented," (2) "clearly unforeseeable," and (3) inconsistent with the views of arbitrators in four other cases now pending before the Authority. The Union requests the Authority to vacate that part of its order concerning the second exception and to resolve the issue of Arbitrator Smith's authority by issuing decisions in the four pending cases it references.

Section 2429.17 of the Authority's Regulations permits a party that can establish "extraordinary circumstances" to request reconsideration of an Authority decision. In this case, the Union has not established extraordinary circumstances. Rather, the Union's arguments constitute mere disagreement with and an attempt to relitigate the merits of the decision.

The Union has presented no basis on which to grant reconsideration. 1 Accordingly, the Union's request is denied.

Issued, Washington, D.C. November 30, 1987.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

FOOTNOTES

Footnote 1 Member McKee notes her dissent in 29 FLRA No. 125 and her continued disagreement with the Authority's decision regarding the second exception to the Arbitrator's award. However, in light of the Authority's decision in that case, Member McKee joins Chairman Calhoun in denying the Union's request for reconsideration.