Veterans Administration Regional Office and American Federation of Government Employees, Local 1765 (Authority decision, January 26, 1988)

Final FLRA decision. The Authority denies reconsideration of its arbitration ruling. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

AFGE Local 1765 asked the Authority to reconsider a ruling that set aside an arbitrator's scheduling award at a Veterans Administration regional office. The earlier ruling found that requiring the agency to assign employees 24 hours of work each week, instead of the 20 hours management chose, interfered with management's right to assign work. The union argued that the Authority had overlooked the grievance's core issue and the limits on management's rights. The Authority found no extraordinary circumstances because the request only disagreed with its ruling and tried to relitigate the case. It denied reconsideration.

Decision snapshot

• Authority: Reconsideration under 5 C.F.R. § 2429.17.
• Outcome: Union request for reconsideration denied.
• Key point: Disagreement with the earlier merits ruling did not establish extraordinary circumstances.

Full text (FLRA public release)

[ v30 p1039 ]

30:1039(113)AR

The decision of the Authority follows:

30 FLRA NO. 113
30 FLRA 1039

26 JAN 1988

VETERANS ADMINISTRATION
REGIONAL OFFICE

Activity

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 1765

Union

Case No. O-AR-1272
(30 FLRA No. 1)

ORDER DENYING REQUEST FOR RECONSIDERATION

I. Statement of the Case

This matter is before the Authority on a request filed by the Union seeking reconsideration of our decision of November 10, 1987. We deny the request.

In our decision, we concluded that by rejecting management's determination to schedule and assign the grievants 20 hours of work per week and by instead compelling the Activity to schedule and assign them 24 hours of work per week, the Arbitrator's award restricted management's right to determine the number of hours of work the grievants will be assigned and was contrary to management's right to assign work under section 7106(a)(2)(B).

II. The Union's Request

The Union maintains that the Authority's decision "did not address the crux of the grievance and the (A)rbitrator's decision." The Union argues that management's exercise of its right to assign work was not in accordance with applicable laws and regulations and that consequently, the award should not have been found deficient.

III. Discussion

We conclude that the Union's request provides no basis on which to grant reconsideration. Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish "extraordinary circumstances" to request reconsideration of a decision of the Authority. We conclude that the Union has not established "extraordinary circumstances" within the meaning of our Regulations. Instead, the Union's arguments constitute nothing more than disagreement with the merits of the Authority's decision and an attempt to relitigate the matter.

IV. Order

The request for reconsideration is denied.

Issued, Washington, D.C., January 26, 1988.

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY