39:0647(53)AR - - Navy, Naval Base, North Island, San Diego, CA and International Association of Fire Fighters, Local F-33 - - 1991 FLRAdec AR - - v39 p647
[ v39 p647 ]
The decision of the Authority follows:
39 FLRA No. 53
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE NAVY
NAVAL BASE, NORTH ISLAND
SAN DIEGO, CALIFORNIA
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
(38 FLRA No. 120)
ORDER DENYING REQUEST FOR RECONSIDERATION
February 15, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on the Union's request for reconsideration of the Authority's decision in 38 FLRA No. 120. The Agency did not file an opposition to the Union's request.
As the Union fails to establish extraordinary circumstances to warrant reconsideration of our decision, we will deny the request.
II. The Decision in 38 FLRA No. 120
In 38 FLRA No. 120, we denied the Union's exceptions to the Arbitrator's award. The Arbitrator addressed the issue of arbitrability before him, and determined that a grievance over an employee's nonselection for a nonunit supervisory fire protection inspector position was not arbitrable. The Arbitrator found, among other things, that the parties had not negotiated promotion procedures for nonunit positions and he concluded, therefore, that the Agency had no obligation to arbitrate grievances concerning such selections.
We determined that the Union's exceptions related to the Arbitrator's arbitrability determination and concluded that the exceptions provided no basis upon which to find the award deficient. We found that the Union's contentions regarding the arbitrability of the grievance constituted nothing more than disagreement with the Arbitrator's interpretation and application of the parties' agreeme