09:0105(13)CU - Air Force, Charleston AFB, Military Airlift Command, Charleston, SC and AFGE Local 1869 -- 1982 FLRAdec RP (Authority decision, November 24, 1982)

Final FLRA representation decision. The Authority clarified the bargaining unit in this decision. This appropriate-unit determination is excluded from the 60-day judicial-review provision by 5 U.S.C. § 7123(a)(2).

Plain-English summary

Charleston Air Force Base asked the Authority to reconsider its earlier order including five flight instructors in a union unit. The Authority found that the motion raised disagreement with the merits but no ground for reconsideration. It dismissed the motion and left the unit ruling in place.

Decision snapshot

• Authority: 5 U.S.C. § 7112.
• Outcome: Reconsideration motion dismissed.
• Key point: Disagreement with the earlier unit decision did not establish a basis to reopen it.

Full text (FLRA public release)

[ v09 p105 ]

09:0105(13)CU

The decision of the Authority follows:

9 FLRA No. 13

DEPARTMENT OF THE AIR FORCE,
CHARLESTON AIR FORCE BASE,
MILITARY AIRLIFT COMMAND,
CHARLESTON, SOUTH CAROLINA
Activity/petitioner

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1869, AFL-CIO
Labor Organization

Case No. 4-CU-33

ORDER DENYING MOTION FOR RECONSIDERATION

THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION FOR RECONSIDERATION
OF THE AUTHORITY'S DECISION AND ORDER CLARIFYING UNIT IN DEPARTMENT OF
THE AIR FORCE, CHARLESTON AIR FORCE BASE, MILITARY AIRLIFT COMMAND,
CHARLESTON, SOUTH CAROLINA, 9 FLRA NO. 13(1982), FILED BY THE
ACTIVITY/PETITIONER. THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 1869, AFL-CIO (AFGE), FILED AN OPPOSITION THERETO.

IN ITS DECISION, THE AUTHORITY CLARIFIED THE BARGAINING UNIT
EXCLUSIVELY REPRESENTED BY AFGE TO INCLUDE THE INCUMBENTS IN FIVE
DISPUTED POSITIONS CLASSIFIED AS FLIGHT INSTRUCTOR (FIXED WING),
GS-2181-13. THE ACTIVITY'S MOTION ESSENTIALLY ALLEGES THAT THE
AUTHORITY INCORRECTLY CONCLUDED ON THE BASIS OF THE RECORD EVIDENCE THAT
THE FIVE INCUMBENTS WERE NEITHER MANAGEMENT OFFICIALS NOR SUPERVISORS
WITHIN THE MEANING OF THE STATUTE.

SECTION 2429.17 OF THE RULES AND REGULATIONS PROVIDES, IN PART, THAT
A PARTY WHO "CAN ESTABLISH . . . EXTRAORDINARY CIRCUMSTANCES . . . MAY
MOVE FOR RECONSIDERATION, OF AN AUTHORITY DECISION. UPON REVIEW OF THE
ACTIVITY'S MOTION, THE AUTHORITY CONCLUDES THAT NO EXTRAORDINARY
CIRCUMSTANCES WARRANTING RECONSIDERATION HAVE BEEN ESTABLISHED. RATHER,
THE ARGUMENTS MADE IN SUPPORT OF THE MOTION SIMPLY INDICATE DISAGREEMENT
WITH THE MERITS OF THE AUTHORITY'S DECISION.

ACCORDINGLY, IT IS HEREBY ORDERED THAT THE MOTION FOR RECONSIDERATION
BE, AND IT HEREBY IS, DISMISSED.

ISSUED, WASHINGTON, D.C., NOVEMBER 24, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY