25:0659(53)CA - VA Medical Center, Phoenix, AZ and AFGE Local 2382 -- 1987 FLRAdec CA
[ v25 p659 ]
The decision of the Authority follows:
25 FLRA No. 53 VETERANS ADMINISTRATION MEDICAL CENTER, PHOENIX, ARIZONA Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2382, AFL-CIO Charging Party Case No. 8-CA-50153 24 FLRA No. 75 ORDER DENYING MOTION FOR RECONSIDERATION This matter is before the Authority on a motion field by the Union, the Charging Party, for reconsideration of the Authority's decision and order in Veterans Administration Medical Center, Phoenix, Arizona, 24 FLRA no. 75 (1986). In its motion the Union contends reconsideration is warranted because the Authority's decision adopts the Judge's failure to restore the status quo despite the Judge's ruling that a past practice had been established. Section 2429.17 of the Authority's Rules and Regulations provides that "a party . . . who can establish . . . extraordinary circumstances . . . may move for reconsideration of" a final decision and order of the Authority. We conclude that the Union fails to establish extraordinary circumstances within the meaning of the Rules. In our decision, we adopted the Judge's finding that the practice established by the Union did not go beyond a particular agreement made by management as to one specific employee and the Judge's rationale for denying on that basis a status quo ante order. Thus, the Union's motion raises no issues not previously raised before and considered by the Authority. Instead, the motion only constitutes a disagreement with the merits of the Authority's decision and an attempt to relitigate the matter. Accordingly, the Union's motion for reconsideration is denied. Issued, Washington, D.C., February 12, 1987. Jerry L. Calhoun, Chairman Henry B.