28 FLRA No. 13


DEPARTMENT OF THE NAVY
NORTHERN DIVISION, NAVAL
FACILITIES ENGINEERING COMMAND

                    Respondent
      and

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1430

                    Charging Party

Case No. 2-CA-1091
 (24 FLRA No. 86)

ORDER DENYING MOTION FOR RECONSIDERATION

This case is before the Authority based on the Respondent's Motion for Reconsideration of our decision in the above-entitled matter. For the reasons set forth below, we deny the motion.

In our decision and order on remand from the U.S. Court of Appeals for the District of Columbia Circuit, we accepted the court's opinion as the law of the case and consistent with that opinion fashioned a remedial order which is the subject of the current motion for reconsideration. The order was designed to remedy a finding that the Respondent violated section 7116(a)(1) and (5) of the Federal Service Labor - Management Relations Statute by unilaterally changing the functions of the Incentive Award Committee on which the Union had a role as an observer. Specifically, we ordered that the Respondent cease and desist from changing the functions of the committee by removing from its purview any review and recommendation to the Commander as to Quality Step Increases, Outstanding Performance Ratings, and Sustained Superior Performance Awards without notice to the Union and an opportunity to bargain, to the extent consonant with law and regulations. We also ordered the Respondent to rescind its removal of such functions from the purview of the committee, and, to the extent consonant with law and regulations, restore the procedure whereby the committee reviewed, among other things, proposed Quality Step Increases, Outstanding Performance Ratings, and Sustained Superior Performance Awards and mad