Phoenix Area Indian Health Service, Owyhee Service Unit and Native American Health Care Local 1386, LIUNA (Authority decision, May 29, 1998)

Final FLRA decision. The Authority denies reconsideration of an earlier unit clarification and certification decision. Under 5 U.S.C. § 7123(a), an aggrieved person may seek judicial review of a reviewable final order within 60 days after issuance; § 7123(a)(2) excludes orders involving appropriate-unit determinations under § 7112. Filing a petition does not stay an order unless the court orders a stay under § 7123(c).

Plain-English summary

The Authority had dismissed one petition to clarify a bargaining unit at the Owyhee Service Unit and directed action on two petitions to amend a union certification. The activity sought reconsideration, repeating objections about employee details, tribal operation of the hospital, bargaining efficiency, and tribal sovereignty. The Authority held that these arguments did not establish the extraordinary circumstances required by 5 C.F.R. § 2429.17. It denied reconsideration, leaving the earlier disposition in place.

Decision snapshot

• Authority: Reconsideration under 5 C.F.R. § 2429.17.
• Outcome: Motion for reconsideration denied.
• Key point: Repeating arguments from the earlier case did not establish extraordinary circumstances.

Full text (FLRA public release)

[ v54 p256 ]
54:0256(36)CU

The decision of the Authority follows:

54 FLRA No. 36

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

PHOENIX AREA INDIAN HEALTH SERVICE

OWYHEE SERVICE UNIT

(OWYHEE PHS INDIAN HOSPITAL, AND ELKO
CLINIC)

OWYHEE, NEVADA

(Activity)

and

NATIVE AMERICAN HEALTH CARE

LOCAL 1386, LIUNA, AFL-CIO

(Exclusive
Representative/Petitioner)

DE-CU-60002

_____

PHOENIX AREA INDIAN HEALTH SERVICE

OWYHEE SERVICES UNIT

(OWYHEE PHS INDIAN HOSPITAL, AND ELKO
CLINIC)

OWYHEE, NEVADA

(Activity)

and

NATIVE AMERICAN HEALTH CARE

LOCAL 1386, LIUNA, AFL-CIO

(Exclusive Representative)

DE-CU-60004

_____

PHOENIX AREA INDIAN HEALTH SERVICE

OWYHEE SERVICE UNIT

(OWYHEE PHS INDIAN HOSPITAL, AND ELKO
CLINIC)

OWYHEE, NEVADA

(Activity)

and

NATIVE AMERICAN HEALTH CARE

LOCAL 1386, LIUNA, AFL-CIO

(Exclusive Representative)

DE-CU-60005

53 FLRA 1221 (1998)

ORDER DENYING MOTION FOR
RECONSIDERATION

May 29, 1998

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S.

Wasserman and Dale Cabaniss, Members.( * )

I. Statement of the Case

This matter is before the Authority on the Activity's motion for reconsideration of the Authority's Decision in 53 FLRA 1221. In that decision, the Authority dismissed a petition to clarify the unit in Case No. DE-CU-60005, and directed the Regional Director to take appropriate action in Case Nos. DE-CU-60002 and 60004 to amend the certification of unit consistent with the decision.

Section 2429.17 of the Authority's Regulations permits a party who can establish extraordinary circumstances to request reconsideration of an Authority decision. For the following reasons, we conclude that the Activity has failed to establish that extraordinary circumstances exist. Accordingly, we deny the Activity's motion.

II. Motion for Reconsideration

The Activity incorporated by reference the arguments that it made in a motion for reconsideration in a companion case, Phoenix Area Indian Health Service, Sacaton Service Unit, Hu Hu Kam Memorial Hospital, Sacaton, Arizona, 53 FLRA 1200 (1998) (Hu Hu Kam) The Activity contends that: (1) the Authority ignored its precedent regarding details; (2) the Authority misunderstood and mischaracterized the situation after the Tribal Corporation took control of the Hospital; (3) continuation of the bargaining unit will have a detrimental effect on effective dealings and efficiency of operations; and (4) the Authority's decision represents an unwarranted attack on the sovereignty of an Indian Tribe. The Activity made no additional arguments with respect to the instant request for reconsideration.

III. Analysis and Conclusions

Under section 2429.17 of the Authority's Regulations, a party seeking reconsideration after the Authority has issued a final decision or order bears the heavy burden of establishing that extraordinary circumstances exist to justify this unusual action. In U.S. Department of the Air Force, 375th Combat Support Group, Scott Air Force Base, Illinois, 50 FLRA 84 (1995), the Authority identified a limited number of situations in which extraordinary circumstances have been found to exist. These include situations where a moving party has established that evidence, information or issues crucial to the decision had not been presented to the Authority, or where the Authority erred in its remedial order, process, conclusion of law or factual finding. Id. at 86-87. The moving party's disagreement with the conclusion reached by the Authority is insufficient to satisfy the extraordinary circumstances requirement. Id. at 87.

In this case, the Activity reiterates claims that it raised in the underlying case. For the reasons more fully set forth in our denial of the Activity's related request for reconsideration in Hu Hu Kam, 54 FLRA No. 34, issued today, we conclude that the Activity's assertions do not establish the extraordinary circumstances necessary to warrant reconsideration of the Authority's decision.

IV. Order

The Activity's motion for reconsideration is denied.

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

• . Member Cabaniss did not participate
  in the original decision.