American Federation of Government Employees, Local 2017 and U.S. Department of the Army, Army Signal Center and Fort Gordon, Georgia (Authority decision, November 27, 1992)

Final FLRA decision. The Authority denies another request to reconsider its decision on exceptions to an arbitration award under 5 U.S.C. § 7122(a). 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 resolve an unfair labor practice.

Plain-English summary

An Army civilian employee's union had challenged how Fort Gordon credited the employee's military service and disabled veteran status in a reduction in force. The Authority had denied the union's exceptions to an arbitration award and then denied two requests to reconsider that decision. In a third request, the union again argued that the arbitrator and Authority misapplied federal rules on veteran status and preference. The Authority found no extraordinary circumstances warranting another review and denied the request. It said it would not entertain further motions or arguments from the union on these issues.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a); reconsideration under 5 C.F.R. § 2429.17.
• Outcome: Third reconsideration request denied; prior rulings stand.
• Key point: Repeating a disagreement over how veteran preference was applied did not establish extraordinary circumstances for reconsideration.

Full text (FLRA public release)

[ v46 p693 ]
46:0693(66)AR

The decision of the Authority follows:

46 FLRA No. 66

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))

(45 FLRA 1182 (1992))

(46 FLRA 90 (1992))

ORDER DENYING REQUEST FOR
RECONSIDERATION

November 27, 1992

Before Chairman McKee and Member Talkin.(*/)

I. Statement of the Case

This matter is before the Authority on the Union's request for reconsideration of our decision in 45 FLRA 817, request for reconsideration denied, 45 FLRA 1182, request for reconsideration denied, 46 FLRA

90. The Agency did not file an opposition to the Union's request.

We again conclude that the Union has failed to establish that extraordinary circumstances exist warranting reconsideration. Accordingly, we will deny the Union's request. We will not entertain further motions or arguments by the Union on these issues. See U.S. Department of the Interior, Bureau of Indian Affairs, Navajo Area, Gallup, New Mexico and National Council of Bureau of Indian Affairs Educators, 35 FLRA 99, 107 (1990).

II. The Decision in 45 FLRA 817 and the Orders in 45 FLRA 1182 and in 46 FLRA 90

In 45 FLRA 817, we denied the Union's exceptions to an Arbitrator's award. The Arbitrator denied the Union's grievance that 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) and that the Agency failed to give appropriate weight to the grievant's military service, including his status as a disabled veteran. 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.

In 45 FLRA 1182, we rejected the Union's argument that our decision was contrary to applicable laws, rules, and regulations. We found that the Union's request for reconsideration was merely an attempt to relitigate the merits of our decision in 45 FLRA 817. Because the Union's request did not establish extraordinary circumstances warranting reconsideration of the decision, we denied the request.

In 46 FLRA 90, we rejected the Union's argument that our decision was contrary to applicable laws, rules, and regulations. We found that the Union's request did not establish extraordinary circumstances warranting reconsideration of the decision, and we denied the request.

III. Request for Reconsideration

The Union contends that our decision and orders are deficient because they are contrary to law, specifically 5 U.S.C. §§ 3501 and 3502. According to the Union, both the Arbitrator and the Authority misapplied the definitions for "disabled veteran" and "preference eligible" found in the Dual Compensation Act of 1964, 5 U.S.C. §§ 3501 and 3502 and, therefore, the Arbitrator and the Authority failed to give appropriate weight for RIF purposes to the grievant's military service, including his status as a disabled veteran.

IV. Analysis and Conclusions

Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish extraordinary circumstances to request reconsideration of an Authority decision. The Union has not established extraordinary circumstances within the meaning of section 2429.17 to warrant reconsideration of the Authority's decision in 45 FLRA 817 and the Authority's denial of the Union's previous requests for reconsideration in 45 FLRA 1182 and in 46 FLRA

90. Therefore, we will deny the request. See, for example,
    Department of Health and Human Services, Health Care Financing Administration, 44 FLRA 145 (1992); Michigan Air National Guard, Selfridge ANG Base, Michigan and The Association of Civilian Technicians, Michigan State Council, 34 FLRA 890 (1990).

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.