American Federation of Government Employees, Local 2017 and U.S. Department of the Army, Army Signal Center and Fort Gordon, Fort Gordon, Georgia (Authority decision, September 11, 1992)

Final FLRA decision. The Authority denies reconsideration of its order resolving exceptions to an arbitral 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

An Army civilian employee challenged how his military service and disabled veteran status were treated during a reduction in force. An arbitrator denied his union's grievance, and the Authority denied the union's exceptions to that award. The union asked the Authority to reconsider, arguing that the earlier ruling conflicted with laws protecting preference eligible disabled veterans. The Authority found that the request only repeated arguments about the merits and identified no extraordinary circumstances. It denied reconsideration, leaving its earlier ruling in place.

Decision snapshot

• Cited authority: 5 C.F.R. § 2429.17
• Outcome: Request for reconsideration denied.
• Key point: Repeating merits arguments did not satisfy the extraordinary circumstances standard for reconsideration.

Full text (FLRA public release)

[ v45 p1182 ]

45:1182(117)NG

The decision of the Authority follows:

45 FLRA No. 117

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2017

(Union)

and

U.S. DEPARTMENT OF THE ARMY

ARMY SIGNAL CENTER

AND

FORT GORDON

FORT GORDON, GEORGIA

(Agency)

0-AR-2232

(45 FLRA 817 (1992))

ORDER DENYING REQUEST FOR RECONSIDERATION

September 11, 1992

Before Chairman McKee and Member Talkin.*/

I. Statement of the Case

This matter is before the Authority on a request for reconsideration of 45 FLRA 817 (1992) filed by the Union under section 2429.17 of the Authority's Rules and Regulations. The Agency filed an opposition to the Union's request.

We conclude that the Union fails to establish that extraordinary circumstances exist warranting reconsideration of our decision in 45 FLRA 817. Accordingly, we will deny the Union's request.

II. Arbitrator's Award and the Decision in 45 FLRA 817

As set forth in more detail in 45 FLRA 817, the grievance alleged that the Agency incorrectly evaluated the grievant's status in determining his rights as a civilian employee when the Agency conducted a reduction-in-force (RIF). The grievance alleged that the Agency failed to give appropriate weight to the grievant's military service, including his status as a disabled veteran. The Arbitrator denied the Union's grievance.

In 45 FLRA 817, we denied the Union's exceptions. We concluded that the Union's assertions that the Arbitrator was biased and that the award was not based on law and regulation provided no basis for finding the award deficient.

III. Positions of the Parties

The Union requests that the Authority reconsider its decision "because it is contrary to the stated laws, rules, and regulations applicable to the decisions rendered on 0-AR-2232 and the Grievant's 'Disabled Veterans' 'Preference Eligible' status." Request for Reconsideration at 1. In sum, the Union argues that the grievant is a preference eligible disabled veteran for the purpose of title 5 of the U.S. Code and that the Dual Compensation Act of 1964, 5 U.S.C. §§ 3501, 3502, which the Arbitrator relied on in his decision, "cannot be used to restrict, alter, withhold, withdraw, or provide authority to RIF a 'Preference Eligible' 'Disabled Veteran' as defined by 5 USC [§] 2108 for use of title 5." Id.

The Agency contends that the Union has not provided any extraordinary circumstances to warrant reconsideration of the Authority's decision and, therefore, the Union's request should be denied.

IV. Analysis and Conclusions

Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish the existence of "extraordinary circumstances" to request reconsideration of an Authority decision. We conclude that the Union has not established extraordinary circumstances within the meaning of section 2429.17 to warrant reconsideration of our decision in 45 FLRA 817.

We reject the Union's argument that our decision is contrary to applicable laws, rules, and regulations. We find that the Union's request for reconsideration is merely an attempt to relitigate the merits of our decision in 45 FLRA

817. As such, the motion does not establish extraordinary
     circumstances warranting reconsideration of the decision and we will deny the request. See, for example, U.S. Department of the Interior, Bureau of Reclamation, Great Plains Region and International Brotherhood of Electrical Workers, Local 1759, 43 FLRA 314, 317 (1991).

V. Order

The Union's request for reconsideration is denied.

_____________

FOOTNOTES:

(If blank, the decision does not have footnotes.)

*/ Member Armendariz has recused himself from participation in the resolution of this case because he is a life member of the Disabled American Veterans.