State of Nevada National Guard and National Association of Government Employees, Locals R12-130 and R12-145 (Authority decision, July 21, 1982)

Final FLRA decision. The Authority denied reconsideration and a stay of its unfair labor practice order. Under 5 U.S.C. § 7123(a), an aggrieved party may seek judicial review of a final Authority order within 60 days of issuance.

Plain-English summary

The Authority had found that the Nevada National Guard violated federal labor law by refusing to comply with a Federal Service Impasses Panel order. The Guard asked the Authority to reconsider that decision and stay its effect, arguing that National Guard technicians differed from other federal employees. The Authority found that the motion largely repeated issues it had already considered and showed no extraordinary circumstances for reconsideration. It denied both motions, leaving the earlier order in effect. The official HTML release says the underlying decision text is unavailable on this page, but it contains the full denial order transcribed below.

Decision snapshot

• Authority: 5 U.S.C. § 7116(a)(1), (6); 5 C.F.R. § 2429.17.
• Outcome: Motions for reconsideration and stay denied.
• Key point: Repeating arguments considered in the original ruling did not justify reopening it.

Full text (FLRA public release)

[ v07 p245 ]

07:0245(37)CA

The decision of the Authority follows:

7 FLRA No. 37

FULL TEXT OF DECISION NOT AVAILABLE. [ NOTAVAILABLE$ ]

* The following denial for a request for reconsideration
* was found:

7 FLRA No. 37

STATE OF NEVADA NATIONAL GUARD
Agency/Respondent

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCALS R12-130 AND
R12-145
Unions/Charging Parties

Case No. 9-CA-49

DENIAL OF MOTION FOR RECONSIDERATION AND MOTION FOR STAY

THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION FOR RECONSIDERATION
AND MOTION FOR STAY OF THE AUTHORITY'S DECISION IN STATE OF NEVADA
NATIONAL GUARD, 7 FLRA NO. 37 (1981), FILED BY THE RESPONDENT.

ON NOVEMBER 19, 1981, THE AUTHORITY ISSUED ITS DECISION AND ORDER IN
THE ABOVE CASE, BASED UPON ITS FINDINGS AND CONCLUSIONS DERIVED FROM THE
RECORD BEFORE THE AUTHORITY, INCLUDING THE PARTIES' STIPULATION OF
FACTS. THE AUTHORITY FOUND THAT THE RESPONDENT HAD VIOLATED SECTION
7116(A)(1) AND (6) OF THE STATUTE BY ITS ACTIONS IN FAILING AND REFUSING
TO COOPERATE IN AND COMPLY WITH A FEDERAL SERVICE IMPASSES PANEL
DECISION AND ORDER, DATED APRIL 2, 1979. THE RESPONDENT HAS FILED A
MOTION FOR RECONSIDERATION OF THE AUTHORITY'S DECISION CONTENDING, IN
GENERAL, THAT THE AUTHORITY HAS MISCONSTRUED THE NATURE OF EMPLOYMENT OF
THE NATIONAL GUARD TECHNICIANS AND HAS FAILED TO TAKE INTO ACCOUNT THE
DIFFERENCES BETWEEN THE TECHNICIANS AND OTHER NON-TECHNICIAN FEDERAL
EMPLOYEES. THE RESPONDENT ALSO HAS FILED A MOTION FOR STAY OF THE
DECISION AND ORDER PENDING A DETERMINATION ON THE MOTION FOR
RECONSIDERATION. THE GENERAL COUNSEL FILED AN OPPOSITION TO SUCH
MOTIONS, AND BOTH PARTIES FILED REPLIES.

NOTING PARTICULARLY THAT THE MATTERS RAISED IN THE MOTION FOR
RECONSIDERATION ARE NOT SIGNIFICANTLY DIFFERENT FROM THOSE PREVIOUSLY
CONSIDERED BY THE AUTHORITY IN REACHING ITS DECISION, THE AUTHORITY
FINDS THAT THE RESPONDENT HAS FAILED TO ESTABLISH ANY EXTRAORDINARY
CIRCUMSTANCES WHICH WOULD WARRANT RECONSIDERATION OF THE DECISION AND
ORDER. /1/ IT FOLLOWS THAT THE RESPONDENT'S MOTION FOR STAY MUST ALSO
BE DENIED.

ACCORDINGLY, IT IS HEREBY ORDERED THAT THE RESPONDENT'S MOTIONS FOR
RECONSIDERATION AND STAY IN THIS MATTER BE, AND THEY HEREBY ARE, DENIED.
ISSUED, WASHINGTON, D.C., JULY 21, 1982

RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES: ---------------

/1/ SECTION 2429.17 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR
2429.17) PROVIDES:

SEC. 2429.17 RECONSIDERATION.

AFTER A FINAL DECISION OR ORDER OF THE AUTHORITY HAS BEEN ISSUED, A
PARTY TO THE PROCEEDING

BEFORE THE AUTHORITY WHO CAN ESTABLISH IN ITS MOVING PAPERS
EXTRAORDINARY CIRCUMSTANCES FOR SO

DOING, MAY MOVE FOR RECONSIDERATION OF SUCH FINAL DECISION OR ORDER.
THE MOTION SHALL BE

FILED WITHIN TEN (10) DAYS AFTER SERVICE OF THE AUTHORITY'S DECISION
OR ORDER. A MOTION FOR

RECONSIDERATION SHALL STATE WITH PARTICULARITY THE EXTRAORDINARY
CIRCUMSTANCES CLAIMED AND

SHALL BE SUPPORTED BY APPROPRIATE CITATIONS. THE FILING AND PENDENCY
OF A MOTION UNDER THIS

PROVISION SHALL NOT OPERATE TO STAY THE EFFECTIVENESS OF THE ACTION
OF THE AUTHORITY, UNLESS

SO ORDERED BY THE AUTHORITY. A MOTION FOR RECONSIDERATION NEED NOT
BE FILED IN ORDER TO

EXHAUST ADMINISTRATIVE REMEDIES.