30:0371(45)AR - AFGE and SSA -- 1987 FLRAdec AR
[ v30 p371 ]
The decision of the Authority follows:
30 FLRA NO. 45 30 FLRA 371 30 NOV 1987 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES Union and SOCIAL SECURITY ADMINISTRATION Agency Case No. 0-AR-1336 (29 FLRA No. 125) DECISION 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 November 6, 1987, in 29 FLRA No. 125. In that case, the Authority denied the Agency's first, third, and fourth exceptions. The Authority (Member McKee dissenting in part) granted the Agency's second exception, set aside the Arbitrator's award as it related to that exception, urged the parties to resolve the dispute bilaterally, and directed the parties to submit their dispute to another neutral arbitrator if they were unwilling or unable to resolve it themselves. The Union argues that reconsideration of the decision is warranted because the Authority's disposition of the Agency's second exception is (1) "unprecedented," (2) "clearly unforeseeable," and (3) inconsistent with the views of arbitrators in four other cases now pending before the Authority. The Union requests the Authority to vacate that part of its order concerning the second exception and to resolve the issue of Arbitrator Smith's authority by issuing decisions in the four pending cases it references. Section 2429.17 of the Authority's Regulations permits a party that can establish "extraordinary circumstances" to request reconsideration of an Authority decision. In this case, the Union has not established extraordinary circumstances. Rather, the Union's arguments constitute mere disagreement with and an attempt to relitigate the merits of the decision. The Union has presented no basis on which to grant reconsideration. 1 Accordingly, the Union's request is denied. Issued, Washington, D.C. November 30, 1987. Jerry L. Calhoun, Chairman Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY FOOTNOTES Footnote 1 Member McKee notes her dissent in 29 FLRA No. 125 and her continued disagreement with the Authority's decision regarding the second exception to the Arbitrator's award. However, in light of the Authority's decision in that case, Member McKee joins Chairman Calhoun in denying the Union's request for reconsideration.