25:0487(34)NG - AFGE Local 1603 and Naval Hospital Patuxent River, MD -- 1987 FLRAdec NG

 25 FLRA No. 34
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 1603
 Union
 
 and
 
 U.S. NAVAL HOSPITAL
 PATUXENT RIVER, MARYLAND
 Agency
 
                                            Case No. 0-NG-1217
                                            22 FLRA No. 60
 
             DECISION AND ORDER ON MOTION FOR RECONSIDERATION
 
    This matter is before the Authority pursuant to the Union's timely
 filed request for reconsideration of the Authority's Decision and Order
 on Negotiability Issue of July 15, 1986.  In that decision the Authority
 held that the provision under review was not within the duty to bargain.
 
    In its request for reconsideration, the Union contends that the
 Agency failed to serve the Union with a copy of its statement of
 position, as required by section 2424.6(b) of the Authority's Rules and
 Regulations.  The Union contends that it was therefore denied an
 opportunity to set forth in full its position on the negotiability
 question prior to the Authority's decision.  The Agency did not file an
 opposition to the Union's request for reconsideration.
 
    By letter of August 28, 1986, the Authority's Director of Case
 Management stated that it had been established that the Union was not
 served with a copy of the Agency's statement of position, a copy of
 which was enclosed.  Subsequently, the Union filed its response.
 
    We find, pursuant to section 2429.17 of our Rules and Regulations,
 that the Union has established the requisite extraordinary circumstances
 to warrant reconsideration of the Authority's decision.  Because the
 Union did not have a copy of the Agency's statement of position, it was
 unable to respond to the Agency's contentions before the Authority
 issued its decision.  Accordingly, we have granted the Union's motion so
 that we can consider the negotiability of the following provision based
 on th