40:0945(77)AR - - Army Transportation Center, Fort Eustis, Virginia and NAGE Local R4-6 - - 1991 FLRAdec AR - - v40 p945
[ v40 p945 ]
The decision of the Authority follows:
40 FLRA No. 77
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on the Union's motion for reconsideration of the Authority's decision in 40 FLRA No. 28 (1991). The Agency did not file an opposition to the request. Because the Union fails to establish that extraordinary circumstances exist which would warrant reconsideration of our decision, we will deny the motion.
II. The Decision in 40 FLRA No. 28
In 40 FLRA No. 28, we denied the Union's exception to the Arbitrator's supplemental award denying the Union's request for a new award of attorney fees. In her original award, the Arbitrator had awarded attorney fees. However, we concluded in U.S. Department of the Army, Army Transportation Center, Fort Eustis, Virginia and National Association of Government Employees, Local R4-6, 38 FLRA 186 (1990), request for clarification denied, 40 FLRA No. 10 (1991), that the award of attorney fees was contrary to the Back Pay Act, and we modified the award to strike the provision for attorney fees.
III. The Union's Motion for Reconsideration
The Union contends that there are extraordinary circumstances warranting reconsideration. The Union maintains that the Union prevailed in the arbitration and reserved its right to attorney fees. The Union asserts that it is the "clear intent of the Back Pay Act . . . to permit emplo