American Federation of Government Employees, Local 1858 (Union) and U.S. Department of the Army, Army Missile Command, Redstone Arsenal, Alabama (Agency) (Authority decision, May 5, 2000)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

AFGE Local 1858 sought reconsideration after its arbitration exceptions were dismissed for failure to correct procedural deficiencies. The union acknowledged receiving the order but said it mistook it for a notice that required no response. The Authority held that this oversight did not establish the extraordinary circumstances needed to reopen its final order. It denied reconsideration, leaving the dismissal in place without deciding the arbitration dispute on its merits.

Decision snapshot

• Authority: Extraordinary circumstances required for reconsideration.
• Outcome: Reconsideration denied; the dismissal of arbitration exceptions remains in place.
• Key point: Mistaking an order to cure deficiencies for a routine notice is insufficient to reopen the case.

Full text (FLRA public release)

[ v56 p311 ]

56 FLRA No. 43

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 1858

(Union)

and

U.S. DEPARTMENT OF THE ARMY

ARMY MISSILE COMMAND

REDSTONE ARSENAL, ALABAMA

(Agency)

0-AR-3277-REC

_____

ORDER DENYING MOTION FOR

RECONSIDERATION

May 5, 2000

_____

Before the Authority: Donald S. Wasserman, Chairman; Phyllis N. Segal and Dale Cabaniss, Members.

This matter is before the Authority on the Union's motion for reconsideration of a final Authority Order dismissing the Union's exceptions to an award of Arbitrator William D. Ferguson. The exceptions were dismissed because the Union failed to respond to a Notice and Order directing it to correct procedural deficiencies in its exceptions. The Agency did not file an opposition to the motion.

Section 2429.17 of the Authority's regulations permits a party who can establish extraordinary circumstances to move for reconsideration of a final decision or order of the Authority. However, in making such a request, the moving party must state with particularity the extraordinary circumstances warranting reconsideration. The Authority has stated that a party seeking reconsideration bears a "heavy burden of establishing that extraordinary circumstances exist to justify this unusual action." U.S. Department of the Air Force, 375th Combat Support Group, Scott Air Force Base, Illinois, 50 FLRA 84, 85 (1995).

In this case, the Union acknowledges that it received the Notice and Order directing it to cure deficiencies. However, it asserts that it confused this Order for a Notice of Receipt not requiring action. According to the Union, its failure to respond was "an honest oversight[.]" Motion at 1.

Upon careful consideration of the motion and Authority precedent, we conclude that the Union has failed to establish that extraordinary circumstances warrant reconsideration of the Authority's final order in this case. See American Federation of Government Employees, Local 2113 and U.S. Department of the Navy, Naval Air Warfare Training Systems Division, Orlando, Florida, 55 FLRA 414, 414-15 (1999) (reconsideration denied where moving party confused order to cure deficiencies with docketing notice).

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