28:0953(121)AR - AFGE, LOCAL 1858 VS ARMY, MICOM -- 1987 FLRAdec AR
[ v28 p953 ]
The decision of the Authority follows:
28 FLRA NO. 121 U.S. ARMY MISSILE COMMAND Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1858 Union Case No. 0-AR-1287 (28 FLRA No. 3)
This matter is before the Authority on a request filed by the Agency, seeking reconsideration of our decision of July 16, 1987, dismissing the Agency's and Union's exceptions to the Arbitrator's award. The Agency also filed a request for a stay of our decision.
In our decision, we determined that both the Agency's and the Union's exceptions to the award may not be filed with the Authority under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) since the award in the case related to the grievant's removal for unacceptable performance.
In support of its request for reconsideration, the Agency argues that we misapplied the restrictions of section 7122(a) of the Statute in this case. It contends that the grievance in this case concerns only the grievant's unsatisfactory performance appraisal and not his removal. Consequently, the Agency maintains that the award does not concern a matter described in section 7121(f) of the Statute.
Section 2429.17 of our Regulations permits a party that can establish "extraordinary circumstances" to request reconsideration of a decision of the Authority. Here, however, we conclude that the Agency has not established "extraordinary circumstances" within the meaning of section 2429.17. Instead, the arguments presented by the Agency in support of its request essentially constitute nothing more than disagreement with the merits of our decision.
Accordingly, the Agency's request for reconsideration is denied. The Agency's request for a stay is likewise denied.
Issued, Washington, D.C., September 14, 1987
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY