U.S. Department of Defense, Military Entrance Processing Station, Pittsburgh, Pennsylvania and American Federation of Government Employees, Local 1627 (Authority decision, October 16, 1992)

Final FLRA decision. The Authority denied reconsideration of its dismissal of exceptions to an arbitral award. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an Authority order involving an arbitral award under 5 U.S.C. § 7122 unless the order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

An employee asked the Authority to reconsider its decision dismissing her exceptions to an arbitration award. The earlier decision found that the record did not show she had participated as a party in the arbitration or that the union had authorized her to file exceptions. She disputed both findings in her reconsideration request. The Authority held that disagreement with its earlier decision did not establish the extraordinary circumstances required for reconsideration and denied the request.

Decision snapshot

• Authority: Party standing under 5 C.F.R. §§ 2421.11(a)(4)(ii) and 2425.1(a); reconsideration under 5 C.F.R. § 2429.17.
• Outcome: Reconsideration denied; the dismissal of the employee's arbitration exceptions stands.
• Key point: Disagreement with an earlier ruling did not meet the extraordinary-circumstances standard.

Full text (FLRA public release)

[ v46 p101 ]
46:0101(12)AR

The decision of the Authority follows:

46 FLRA No. 12

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF DEFENSE

MILITARY ENTRANCE PROCESSING STATION

PITTSBURGH, PENNSYLVANIA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1627

(Union)

0-AR-2327

(45 FLRA 976 (1992))

ORDER DENYING REQUEST FOR
RECONSIDERATION

October 16, 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 976 filed by Theresa A. Gasior, the grievant involved in this case. Neither the Agency nor the Union filed a response to the request. Because it is not established that extraordinary circumstances exist which warrant reconsideration of our decision, we will deny the request for reconsideration.

II. The Decision in 45 FLRA 976

In 45 FLRA 976 the grievant, Theresa A. Gasior, filed exceptions to an arbitrator's award. The grievant enclosed with her exceptions a letter to her from the Union President. The letter states that, "After a careful review of the Arbitrator's Decision, the Union . . . believes that no further action will be taken. However, since you insist in filing an Exception with the . . . Authority, you may always do so on your own behalf."

In our decision we noted that the Authority's Regulations provide that "[e]ither party" to an arbitration proceeding "may file an exception to an arbitrator's award rendered pursuant to the arbitration." 5 C.F.R. § 2425.1(a) (emphasis added). A "party" in the context of an arbitration proceeding is defined as "any person . . . who participated as a party . . . in a matter where the award of an arbitrator was issued[.] 5 C.F.R. § 2421.11(a)(4)(ii).

We concluded that the record, including the letter attached to the exceptions, did not establish that the grievant either participated as a "party" in the proceeding before the Arbitrator, or was authorized by the Union to file the exceptions. Citing U.S. Department of the Army, Tooele Army Depot, Tooele, Utah and International Association of Machinists and Aerospace Workers, Tooele Federal Lodge 2261, 38 FLRA 454 (1990), we found that Ms. Gasior did not have standing to file exceptions and the exceptions were, therefore, dismissed.

III. Request for Reconsideration

In her request for reconsideration, Ms. Gasior questions the Authority's findings that she had not "participated" in the proceedings before the Arbitrator and that the Union, by its letter to her "did not authorize
[her] to file the exception[.]"

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. Ms. Gasior fails to establish the existence of extraordinary circumstances within the meaning of section 2429.17.

The arguments presented in support of the request for reconsideration constitute nothing more than disagreement with the Authority's decision in 45 FLRA 976 that the grievant was not a party to the arbitration proceedings and that the Union had not authorized her to file exceptions on the Union's behalf. As such these arguments do not constitute extraordinary circumstances warranting reconsideration of our decision, and we will deny the request.

V. Order

The grievant's request for reconsideration is denied.

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