Social Security Administration, Mid-America Program Service Center and American Federation of Government Employees, Local 1336 (Authority decision, October 30, 1987)

Final FLRA decision. The Authority denies reconsideration of its earlier dismissal of arbitration exceptions concerning a 20-day suspension. The Authority found the adverse-action award outside its exceptions jurisdiction under 5 U.S.C. §§ 7121(f) and 7122(a). This order ends reconsideration before the Authority without deciding the suspension's merits.

Plain-English summary

The Authority had dismissed the union's exceptions to an arbitration award about a 20-day suspension because that type of adverse action fell outside its jurisdiction. AFGE Local 1336 asked it to reconsider, arguing that the arbitrator should also have decided an official-time issue involving other union representatives. The Authority found no extraordinary circumstances under its reconsideration rule. It held that the arbitrator had framed the case as a just-cause dispute over the suspension, and that the union's request merely disagreed with the jurisdiction ruling. The Authority denied reconsideration.

Decision snapshot

• Authority: Reconsideration standard under 5 C.F.R. § 2429.17; adverse-action exception under 5 U.S.C. §§ 7121(f) and 7122(a).
• Outcome: Request for reconsideration denied; earlier jurisdictional dismissal left in place.
• Key point: The union's official-time argument did not establish extraordinary circumstances to revisit the suspension jurisdiction ruling.

Full text (FLRA public release)

[ v29 p1324 ]
29:1324(107)AR

The decision of the Authority follows:

29 FLRA NO. 107

SOCIAL SECURITY ADMINISTRATION
MID-AMERICA PROGRAM SERVICE CENTER
KANSAS CITY, MISSOURI

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1336

Union

Case No. 0-AR-1378
(28 FLRA No. 122)

ORDER DENYING REQUEST FOR RECONSIDERATION

This matter is before the Authority on a request filed by the Union seeking reconsideration of the Authority's Order Dismissing Exceptions, 28 FLRA No. 122, September 15, 1987. In that order, we dismissed the Union's exceptions to an award of Arbitrator Preston J. Moore because the award related to a matter, the 20-day suspension of Reginald T. Huey, described under section 7121(f) of the Statute and therefore was outside our jurisdiction under section 7122(a).

In its request for reconsideration, the Union argues that the matter before the Arbitrator included more than the suspension of Huey. The Union contends that the Arbitrator should also have addressed the question of denial of official time for other Union stewards and officers because that issue was included in the original grievance being arbitrated. The Union maintains that the Authority should reconsider its decision and remand the case to the Arbitrator for a decision on the official time issue.

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 Union has not established "extraordinary circumstances" within the meaning of section 2429.17. As we noted in our Order Dismissing Exceptions, the issue stated by the Arbitrator in his award was whether Huey's suspension for 20 days was for just cause. The arguments presented by the Union in support of its request constitute nothing more than disagreement with our decision that we lacked jurisdiction over the exceptions in this case.

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

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

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY