27:0154(29)AR - SSA, Pittsburg, KS and AFGE Local 1336 -- 1987 FLRAdec AR



[ v27 p154 ]
27:0154(29)AR
The decision of the Authority follows:


 27 FLRA No. 29
 
 SOCIAL SECURITY ADMINISTRATION, 
 PITTSBURG, KANSAS
 Activity
 
 and
 
 AMERICAN FEDERATION OF 
 GOVERNMENT EMPLOYEES, 
 AFL-CIO, LOCAL 1336
 Union
 
                                            Case No. 0-AR-1312
 
                 ORDER DENYING REQUEST FOR RECONSIDERATION
 
    This matter is before the Authority on a request filed by the Union
 seeking reconsideration of the Authority's decision of March 27, 1987,
 denying the Union's exceptions.
 
    We concluded in that decision that the Union failed to establish in
 its exceptions that the Arbitrator's award was deficient on any of the
 grounds set forth in section 7122(a) of the Federal Service
 Labor-Management Relations Statute (the Statute).  We also dismissed the
 exceptions as untimely to the extent that they challenged an earlier
 award of the Arbitrator.  In its request, the Union essentially argues
 that reconsideration is warranted on two grounds.  First, it argues that
 the Authority's decision is erroneous.  Second, the Union argues that
 the Authority's brief decision denied the Union due process, violated
 the Administrative Procedures Act because the decision failed to provide
 a brief statement of the grounds for denial, and contravened the Statute
 because the decision failed to resolve the exceptions.
 
    Section 2429.17 of the Authority's Rules and Regulations permits a
 party that can establish "extraordinary circumstances" to move for
 reconsideration of a decision of the Authority.  We conclude that the
 Union fails to establish "extraordinary circumstances" within the
 meaning of section 2429.17.
 
    The Union's argument that the Authority's decision is erroneous
 constitutes nothing more than disagreement with the decision and an
 attempt to relitigate this matter.  This argument therefore provides no
 basis for reconsidering the decision.  As to the Union's arguments
 concerning the brevity of the denial of its exceptions, the Authority
 has previously considered and rejected similar arguments.  For example,
 the agency in Naval Legal Service Office, San Diego, California and
 American Federation of Government Employees, Local 3723, Case No.
 0-AR-868, sought reconsideration of the Authority's decision which
 briefly concluded that the exception failed to establish that the award
 was deficient on any of the grounds set forth in section 7122(a) of the
 Statute.  The agency argued that the Authority failed to state the
 reason for the denial of the exception and that this failure constituted
 extraordinary circumstances warranting reconsideration.  The Authority
 denied the agency's motion.  Naval Legal Service Office, Case No.
 0-AR-868 (Order Denying Motion for Reconsideration, June 26, 1985).  The
 Authority found that the agency's arguments amounted to nothing more
 than disagreement with the merits of the decision that the agency had
 failed to establish that the award was in any manner deficient under
 section 7122(a).
 
    We similarly conclude in this case that the Union's arguments
 concerning the Authority's decision fail to establish any extraordinary
 circumstances.  Specifically, we reject the assertions that the brief
 denial of exceptions, based on full and careful consideration of the
 entire record in the case and expressly concluding that the exceptions
 failed to establish that the award was deficient on any of the grounds
 set forth in section 7122(a), constitutes a denial of due process, a
 failure to adequately state the grounds of the denial, or a failure to
 resolve the exceptions.  We find instead that these arguments are
 nothing more than disagreement with the merits of the Authority's
 decision and provide no basis for reconsideration.
 
    Accordingly, the Union's request for reconsideration is denied.
 
    Issued, Washington, D.C., May 29, 1987.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHOR