46:0101(12)AR - - DOD, Military Entrance Processing Station, Pittsburgh, PA and AFGE, Local 1627 - - 1992 FLRAdec AR - - v46 p101
[ v46 p101 ]
The decision of the Authority follows:
46 FLRA No. 12
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF DEFENSE
MILITARY ENTRANCE PROCESSING STATION
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
(45 FLRA 976 (1992))
ORDER DENYING REQUEST FOR RECONSIDERATION
October 16, 1992
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before us on a request for reconsideration of 45 FLRA 976 filed by Theresa A. Gasior, the grievant involved in this case. Neither the Agency nor the Union filed a response to the request. Because it is not established that extraordinary circumstances exist which warrant reconsideration of our decision, we will deny the request for reconsideration.
II. The Decision in 45 FLRA 976
In 45 FLRA 976 the grievant, Theresa A. Gasior, filed exceptions to an arbitrator's award. The grievant enclosed with her exceptions a letter to her from the Union President. The letter states that, "After a careful review of the Arbitrator's Decision, the Union . . . believes that no further action will be taken. However, since you insist in filing an Exception with the . . . Authority, you may always do so on your own behalf."
In our decision we noted that the Authority's Regulations provide that "[e]ither party" to an arbitration proceeding "may file an exception to an arbitrator's award rendered pursuant to the arbitration." 5 C.F.R. § 2425.1(a) (emphasis added). A "party" in the context of an arbitration proceeding is defined as "any person . . . who participated as a party . . . in a matter where the award of an arbitrator was issued[.] 5 C.F.R. § 2421.11(a)(4)(ii).
We concluded that the record, including the letter attached to the exceptions, did not establish that the grievant either participated as a "party" in the proceeding before the Arbitrator, or was authorized by the Union to file the exceptions. Citing U.S. Department of the Army, Tooele Army Depot, Tooele, Utah and International Association of Machinists and Aerospace Workers, Tooele Federal Lodge 2261, 38 FLRA 454 (1990), we found that Ms. Gasior did not have standing to file exceptions and the exceptions were, therefore, dismissed.
III. Request for Reconsideration
In her request for reconsideration, Ms. Gasior questions the Authority's findings that she had not "participated" in the proceedings before the Arbitrator and that the Union, by its letter to her "did not authorize [her] to file the exception[.]"
IV. Analysis and Conclusions
Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish "extraordinary circumstances" to move for reconsideration of a decision of the Authority. Ms. Gasior fails to establish the existence of extraordinary circumstances within the meaning of section 2429.17.
The arguments presented in support of the request for reconsideration constitute nothing more than disagreement with the Authority's decision in 45 FLRA 976 that the grievant was not a party to the arbitration proceedings and that the Union had not authorized her to file exceptions on the Union's behalf. As such these arguments do not constitute extraordinary circumstances warranting reconsideration of our decision, and we will deny the request.
The grievant's request for reconsideration is denied.
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