43:0314(32)AR - - DOI, Bureau of Reclamation, Great Plains Region and IBEW Local 1759 - - 1991 FLRAdec AR - - v43 p314



[ v43 p314 ]
43:0314(32)AR
The decision of the Authority follows:


43 FLRA No. 32

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

GREAT PLAINS REGION

(Agency)

and

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

LOCAL 1759

(Union)

0-AR-1921

(42 FLRA 902 (1991))

ORDER DENYING MOTION FOR RECONSIDERATION

November 27, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on the Agency's motion for reconsideration of the Authority's decision in 42 FLRA 902 (1991). Because the Agency fails to establish that extraordinary circumstances exist which warrant reconsideration of our decision, we will deny the motion.

II. Arbitrator's Award and the Decision in 42 FLRA 902

The Arbitrator held that the Agency violated the parties' collective bargaining agreement by unilaterally eliminating a Wage Board (WB) Warehouseman position in the collective bargaining unit represented by the Union and assigning the duties of the WB position to a General Schedule (GS) Supply Clerk position outside the bargaining unit. The Arbitrator ordered the Agency to begin negotiations with the Union, in accordance with the parties' collective bargaining agreement, to return the activities of the WB Warehouseman to the bargaining unit. The Arbitrator awarded backpay to a retired WB employee because the Arbitrator found that the employee prematurely retired from his WB Warehouseman position because of the Agency's unwarranted action. Also, as an additional remedy, the Arbitrator awarded backpay to the Union.

We concluded that the Agency did not demonstrate that the Arbitrator's award was deficient because it: (1) failed to draw its essence from the parties' agreement; (2