32:1261(171)AR - - HUD and AFGE Local 476 - - 1988 FLRAdec AR - - v32 p1261

32 FLRA No. 171

U.S. DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT

Agency

and 

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 476, AFL-CIO

Union

Case No. 0-AR-1482
(32 FLRA 196)

I. Statement of the Case

This matter is before the Authority on a motion filed by the Union seeking reconsideration of our decision of May 31, 1988 in 32 FLRA 196, and an opportunity to file other documents in connection with the reconsideration request. The Union is also requesting a waiver of the expired time limit established by section 2429.17 of our Rules and Regulations for filing a motion for reconsideration.

For the reasons discussed below, we grant the request for a waiver of the expired time limit for filing the motion for reconsideration. However, we find that the Union has failed to establish extraordinary circumstances warranting reconsideration of our decision and, therefore, the motion is denied.

II. Background

The decision in 32 FLRA 196 involved a grievance which alleged that under established performance standards, the grievant was entitled to an outstanding rating rather than the satisfactory rating he had received. The Arbitrator denied the grievance, finding that the Agency had a reasonable basis for giving the grievant a satisfactory rating. In reaching this result, the Arbitrator noted that the performance standard for job element number one ("[p]repares appropriate written/oral responses to correspondence") had two requirements for an outstanding rating: (1) that an employee meet the satisfactory criteria almost all the time (approximately 92 percent) and (2) that written material rarely be returned for substantive rewrite and that such material reflect a particular style and approach. The Arbitrator found that while the grievant met the satisfactory criteria about 92 percent of the time, the grievant had been put on notice that his work product did not conform to the desired style and approach.

The Union excepted to the award on the basis that it was contrary to section 7106(a)(2)(B) of the Statute. The Union argued that the Arbitrator exceeded his authority by substituting his judgment of the grievant's performance for an objective and quantitative assessment and by failing to apply the elements and standards established by management.

We found that the Arbitrator did not fail to apply the performance standards established by management. Rather, the Arbitrator discussed the established standard and reviewed management's application of that standard to the grievant's performance. Accordingly, we found that the Union failed to demonstrate that the award was contrary to section 7106(a)(2)(B) of the Statute or was otherwise deficient on any of the grounds set forth in section 7122(a) of the Statute.

III. Union's Request for Waiver of Expired Time Limit and Motion for Reconsideration

A. Waiver of Expired Time Limit

The Union acknowledges that the Authority's decision in 32 FLRA 196 was served on it on May 31, 1988. However, the Union indicates that its representative of record was out of town during the period between May 20 and June 16, 1988, attending to a family medical matter, and did not become aware of the Authority's decision until her return to work on June 17. The grievant, who was not served with the Authority's decision, was recovering from surgery which occurred on May 18, 1988 and, likewise, was not aware of the