American Federation of Government Employees, National Veterans Administration Council and U.S. Department of Veterans Affairs, Washington, D.C. (Authority decision, August 6, 1991)

Final FLRA decision. The Authority denies the VA's request to reconsider its earlier negotiability ruling. An aggrieved person may seek judicial review by petitioning an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the order unless the court orders a stay under § 7123(c).

Plain-English summary

The Authority had found four union proposals responding to a planned VA furlough negotiable even though that particular furlough never occurred. The VA sought reconsideration, arguing that the proposals arose only from the fiscal year 1991 situation and should be treated as moot. The Authority held that the VA was repeating its disagreement with the earlier reading of the proposals, rather than showing the extraordinary circumstances required for reconsideration. It denied the request, leaving the earlier negotiability ruling in place. A fifth proposal expressly tied to the 1991 furlough had already been found moot.

Decision snapshot

• Authority: Reconsideration standard under 5 C.F.R. § 2429.17.
• Outcome: Reconsideration denied; prior ruling on four negotiable proposals stands.
• Key point: Repeating a rejected mootness argument did not establish extraordinary circumstances.

Full text (FLRA public release)

[ v41 p1104 ]

41:1104(87)NG

The decision of the Authority follows:

41 FLRA No. 87

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

NATIONAL VETERANS ADMINISTRATION COUNCIL

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

WASHINGTON, D.C.

(Agency)

0-NG-1888

(41 FLRA 73 (1991))

ORDER DENYING REQUEST FOR RECONSIDERATION

August 6, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before us on a request for reconsideration of 41 FLRA 73 (1991) filed by the Agency under section 2424.17 of our Rules and Regulations. The Union did not file an opposition to the Agency's request. Because the Agency fails to establish extraordinary circumstances that would warrant reconsideration of our decision, we will deny the request.

II. The Decision in 41 FLRA 73

In 41 FLRA 73, we found that Proposals 1 through 4, which were offered in response to an Agency announcement of a proposed furlough for fiscal year 1991, were negotiable. We concluded that Proposal 5, which provided that employees could choose to be furloughed during fiscal year 1991 on specified dates during the year, was moot because it expressly concerned only the proposed fiscal year 1991 furlough. We rejected, as relevant here, the Agency's claim that Proposals 1-4 were moot because the proposed furlough to which the proposals were addressed never occurred. We concluded that the Union's assertion that Proposals 1-4 were not limited to the implementation of the Agency's proposed fiscal year 1991 furlough was consistent with the plain wording of the proposals and, therefore, Proposals 1-4 were not moot.

III. The Agency's Request for Reconsideration

The Agency objects only to the portion of our decision in 41 FLRA 73 finding that Proposals 1-4 are not moot. The Agency argues that the proposals were offered in the context of the proposed fiscal year 1991 furlough and that "negotiations with the [U]nion with respect to the furlough were intended solely to address the critical situation that threatened its employees at the time, not to prospective furlough policy." Request for Reconsideration at 4. The Agency contends further that it was "inappropriate" for us to determine the negotiability of Proposals 1-4 "because the situation surrounding a subsequently arising furlough may not concern the same or similar circumstances." Id. The Agency concludes that "[b]ecause the circumstances involving the [U]nion's furlough proposals are unique to the circumstances under which they arose," our decision that Proposals 1-4 are not moot should be reconsidered. Id. at 5.

IV. Analysis and Conclusions

Section 2429.17 of our Rules and Regulations permits a party that can establish "extraordinary circumstances" to move for reconsideration of a decision of the Authority. The Agency fails to establish "extraordinary circumstances" within the meaning of section 2424.17.

The arguments provided by the Agency in support of its request for reconsideration constitute nothing more than disagreement with our decision in 41 FLRA 73 and an attempt to relitigate the merits of our conclusion that Proposals 1-4 are not moot. As such, these arguments do not constitute extraordinary circumstances warranting reconsideration of our decision, and we will deny the request. See, for example, U.S. Department of the Army, New Cumberland Army Depot, New Cumberland, Pennsylvania and American Federation of Government Employees, Local 2004, 40 FLRA 1032 (1991).

V. Order

The Agency's request for reconsideration is denied.

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