47:0867(81)AR - - Air Force Logistics Command, Tinker AFB, OK and AFGE Local 916 - - 1993 FLRAdec AR - - v47 p861



[ v47 p861 ]
47:0861(81)AR
The decision of the Authority follows:


47 FLRA No. 81

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE AIR FORCE

AIR FORCE LOGISTICS COMMAND

TINKER AIR FORCE BASE, OKLAHOMA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 916

(Union)

0-AR-2359

(47 FLRA 488 (1993))

_____

ORDER DENYING REQUEST FOR RECONSIDERATION

June 11, 1993

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on the Union's request for reconsideration of the Authority's decision in 47 FLRA 488 (1993). The Agency did not file an opposition to the request. We conclude that the Union has failed to establish that extraordinary circumstances exist which warrant reconsideration of our decision. Accordingly, we will deny the Union's request.

II. Arbitrator's Award and the Decision in 47 FLRA 488

As set forth in more detail in 47 FLRA 488, the Arbitrator sustained a grievance alleging that the Agency improperly terminated the grievant's employment as the result of a reduction-in-force (RIF). The Arbitrator concluded that the Agency incorrectly determined the grievant's tenure group status (1) and that the Agency violated section 7114 of the Federal Service Labor-Management Relations Statute (the Statute) when it failed to negotiate with the Union over the issuance of an Air Force regulation which supplemented Federal Personnel Manual (FPM) Supplement 351-1. As his award, the Arbitrator, as relevant here, directed the Agency to place the grievant in a different tenure group and, on that basis, rerun the RIF.(2) The Arbitrator further directed that, if the rerun of the RIF resulted in retention of the grievant, the Agency was to provide the grievant backpay.

In 47 FLRA 488, we sustained, in part, the Agency's exceptions to the Arbitrator's award. In particular, we set aside the portion of the award directing th