44:0074(6)AR - - Treasury, IRS, Phoenix District and NTEU Chapter 33 - - 1992 FLRAdec AR - - v44 p74
[ v44 p74 ]
The decision of the Authority follows:
44 FLRA No. 6
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
NATIONAL TREASURY EMPLOYEES UNION
(43 FLRA 686 (1991))
ORDER DISMISSING MOTION FOR RECONSIDERATION
February 25, 1992
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on a motion for reconsideration of 43 FLRA 686 (1991) filed by the Agency under section 2429.17 of the Authority's Regulations. The Union did not file an opposition to the motion for reconsideration. For the following reasons, we conclude that the motion was untimely filed and must be dismissed.
II. The Decision in 43 FLRA 686
In 43 FLRA 686, we addressed, as relevant here, Agency exceptions to a portion of an arbitration award directing the Agency to reimburse the Union for certain witness expenses incurred in connection with a previous grievance over a conduct-based reduction in rank and grade of an employee. We concluded that, as the disputed portion of the award related to a matter described in section 7121(f) of the Statute, we were without jurisdiction under section 7122(a) of the Statute to review the Agency's exceptions. Accordingly, we dismissed the exceptions.
III. The Agency's Motion for Reconsideration
The Agency argues that the Authority should reconsider its decision that it did not have jurisdiction to review the Agency's exceptions because, in the Agency's view, the award did not relate to a matter described in section 7121(f) of the Statute. The Agency also argues that it was "unduly prejudiced" by the Authority's decision because "the deadline for filing an appeal . . . with the Federal Circuit passed during the pendency of this c