American Federation of Government Employees, Council of Prison Locals, Local 1661 and Federal Bureau of Prisons, Federal Correctional Institution, Danbury (Authority decision, December 18, 1987)

Final FLRA decision. The Authority denies the union's request to reconsider its earlier negotiability rulings on five proposals. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a).

Plain-English summary

AFGE Local 1661 sought reconsideration of an earlier Authority decision involving proposals at the Danbury federal correctional institution. The earlier ruling had severed one proposal for a separate decision, dismissed review of two because the record was unclear, and found two others outside the duty to bargain. The union asked the Authority to revisit all five determinations. The Authority held that the request expressed disagreement with its rulings and did not establish the extraordinary circumstances required for reconsideration. It denied the request.

Decision snapshot

• Authority: Reconsideration under 5 C.F.R. § 2429.17.
• Outcome: Union's reconsideration request denied; earlier determinations stand.
• Key point: Disagreement with the prior negotiability analysis did not show extraordinary circumstances.

Full text (FLRA public release)

[ v30 p492 ]

30:0492(64)NG

The decision of the Authority follows:

30 FLRA NO. 64
30 FLRA 492

18 DEC 1987

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL OF PRISON
LOCALS, LOCAL 1661

Union

and

U.S. DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF PRISONS
FEDERAL CORRECTIONAL INSTITUTION
DANBURY, CONNECTICUT

Agency

Case No. 0-NG-1331
(29 FLRA No. 73)

ORDER DENYING MOTION FOR RECONSIDERATION

This case is before the Authority on a request filed by the union seeking reconsideration of the Authority's decision of October 20, 1987, in 29 FLRA No. 73. In that case, the Authority addressed numerous proposals submitted by the Union. The Union requests reconsideration regarding the Authority's determinations as to five of those proposals. The Authority severed one proposal from the case and stated that it would issue a decision on that proposal separately. The record in the case was not sufficiently clear for the Authority to decide the negotiability of two proposals, and the petition for review regarding those proposals was dismissed. The Authority found the two other proposals to be outside the duty to bargain.

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. In this case, the Union has not established extraordinary circumstances. Rather, the Union's arguments constitute mere disagreement with and an attempt to relitigate the merits of the Authority's determinations as to the five proposals.

The Union has presented no basis on which to grant reconsideration. Accordingly, the Union's request is denied.

Issued, Washington, D.C., December 18,1987.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY