40:1009(86)NG - - NFFE Local 341 and DOI, Bureau of Indian Affairs, Wapato Irrigation Project, Wapato, WA - - 1991 FLRAdec NG - - v40 p1009
[ v40 p1009 ]
The decision of the Authority follows:
40 FLRA No. 86
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on a motion filed by the Agency seeking reconsideration of our decision in 39 FLRA No. 110. The Union filed an opposition to the motion for reconsideration.
For the following reasons, we conclude that the Agency has failed to establish that extraordinary circumstances exist warranting reconsideration of our decision. Accordingly, we will deny the motion for reconsideration.
II. The Decision in 39 FLRA No. 110
For the reasons set forth fully in 39 FLRA No. 110, the Authority concluded that the proposal in dispute was negotiable. The Authority noted that the Agency did not file a statement of position. The Authority did, however, address claims made by the Agency in its allegation of nonnegotiability.
III. The Agency's Motion for Reconsideration
The Agency argues that, contrary to the Authority's Regulations, which require that a negotiability appeal be served