29:0680(58)AR - AFGE, LOCAL 1960 VS NAVY, NAVY DEVELOPMENT CENTER



[ v29 p680 ]
29:0680(58)AR
The decision of the Authority follows:


29 FLRA NO. 58


AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1960

                   Union

            and

DEPARTMENT OF THE NAVY
DEVELOPMENT CENTER

                   Activity

Case No. 0-AR-1221
 (26 FLRA No. 31)

ORDER

I. Statement of the Case

This matter is before the Authority on a petition filed by attorneys for Mr. Hubert H. McDaniel, the grievant in Case No. 0-AR-1221, in effect seeking reconsideration of the Authority's decision in that case (American Federation of Government Employees, Local 1960 and Department of the Navy Development Center, 26 FLRA No. 31 (1987)). The petition requests that our decision be withdrawn because the Agency's exceptions were allegedly untimely filed and we therefore lacked jurisdiction over the exceptions. For the reasons that follow, we deny the petition.

II. Background

In our decision in 26 FLRA No. 31, we ruled on exceptions filed by the Department of the Navy (Agency) to an award of Arbitrator C. Bette Wimbish. We found that the award was deficient as alleged by the Agency and modified the award accordingly. Id.

By letters dated July 16 and August 4, 1987, attorneys for the grievant requested that the Authority withdraw its decision in 26 FLRA No. 31 on the grounds that the Agency's exceptions were not timely filed with the Authority