U.S. Department of the Army, Transportation Center, Fort Eustis, Virginia and National Association of Government Employees, Local R4-6 (Authority decision, August 12, 1992)

Final FLRA decision. The Authority denies the union's request for reconsideration and leaves its earlier arbitration decision in place. 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

NAGE Local R4-6 asked the Authority to reconsider an earlier decision about an arbitration award covering overtime assignments at the Army Transportation Center in Fort Eustis. The union argued that the arbitrator had not addressed the contract's preference for employees already assigned to the job. The Authority said it had already considered that argument and found no basis to set aside the award. It held that disagreement with its earlier ruling and an attempt to relitigate the issue were not extraordinary circumstances under its reconsideration rule. The request was denied.

Decision snapshot

• Authority: Reconsideration under 5 C.F.R. § 2429.17.
• Outcome: Reconsideration denied; earlier arbitration ruling remains in place.
• Key point: Disagreement with an earlier decision does not establish extraordinary circumstances for reconsideration.

Full text (FLRA public release)

[ v45 p883 ]

45:0883(82)AR

The decision of the Authority follows:

45 FLRA No. 82

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE ARMY

TRANSPORTATION CENTER

FORT EUSTIS, VIRGINIA

(Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R4-6

(Union)

0-AR-2235

(45 FLRA No. 38 (1992))

_____

ORDER DENYING REQUEST FOR RECONSIDERATION

August 12, 1992

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before us on a request for reconsideration of 45 FLRA No. 38 filed by the Union under section 2429.17 of the Authority's Rules and Regulations. The Agency did not file an opposition to the request. Because the Union fails to establish that extraordinary circumstances exist which warrant reconsideration of our decision, we will deny the Union's request.

II. Authority's Decision in 45 FLRA No. 38

In 45 FLRA No. 38, we construed the Union's arguments that the Arbitrator misinterpreted Article 10, Section 1, of the parties' collective bargaining agreement(1) as a contention that the award failed to draw its essence from the agreement. We rejected that contention, deciding as follows:

The Union has not shown that the Arbitrator's interpretation of the agreement is irrational, implausible, or otherwise deficient. As such, the Union has not shown that the award fails to draw its essence from the agreement.

45 FLRA No. 38, slip op. at 3. Citing Illinois Air National Guard, 182nd Tactical Air Support Group and The Association of Civilian Technicians, Illinois Chapter 34, 34 FLRA 591, 593-94 (1990) (Illinois Air National Guard), we also concluded that the Union had not demonstrated that the award was deficient based on the Arbitrator's failure to address specifically the portion of Article 10, Section 1, providing an overtime assignment preference to employees currently assigned to the duties at issue.(2)

III. Union's Request for Reconsideration

The Union asserts that the Authority improperly relied on Illinois Air National Guard "to support the Arbitrator's failure to address a key issue in the case." Request for Reconsideration at 3. Specifically, the Union contends that the Authority erroneously used that decision to support the Arbitrator's failure "to address the issue of the [A]gency's duty" under Article 10, Section 1, to make overtime assignments to "those employees currently assigned the job." Id. at 2.

IV. Analysis and Conclusions

Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish "extraordinary circumstances" to move for reconsideration of a decision of the Authority. The Union fails to establish "extraordinary circumstances" within the meaning of section 2429.17.

The arguments presented by the Union in support of its request for reconsideration constitute nothing more than disagreement with the Authority's decision in 45 FLRA No. 38, and an attempt to relitigate the merits of the case. As such, these arguments do not constitute extraordinary circumstances warranting reconsideration of our decision, and we will deny the request.

V. Order

The Union's request for reconsideration is denied.

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

1. Article 10, Section 1,
   provides in pertinent part that:

Overtime work assignments will be distributed fairly and equitably . . . among all qualified

employees, consistent with workload requirements. Preference will be given to those employees who are currently assigned to the job. . . .

Joint Exh. 1 at 23.

2. In Illinois Air National
   Guard, we held that the fact
   that the opinion accompanying an award does not mention specific provisions of the agreement which a union relied on does not establish that the arbitrator did not consider those provisions or provide a basis for finding the award deficient. 34 FLRA at 593-94.