48:0245(20)CA - - HHS, Regional Personnel Office, Seattle, WA and Jeffrey A. Saul - - 1993 FLRAdec CA - - v48 p245



[ v48 p245 ]
48:0245(20)CA
The decision of the Authority follows:


48 FLRA No. 20

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

DEPARTMENT OF HEALTH AND HUMAN SERVICES

REGIONAL PERSONNEL OFFICE

SEATTLE, WASHINGTON

(Respondent/Agency)

and

JEFFREY A. SAUL, AN INDIVIDUAL

(Charging Party)

SF-CA-20065

(47 FLRA 1338 (1993))

_____

ORDER DENYING REQUEST FOR RECONSIDERATION

August 17, 1993

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on the Respondent's request for reconsideration of our decision in 47 FLRA 1338 (1993). The General Counsel has filed an opposition to the Respondent's request. The Charging Party did not file a response to the request.

For the following reasons, we conclude that the Respondent has failed to establish that extraordinary circumstances exist warranting reconsideration of our decision. Accordingly, we will deny the Respondent's request for reconsideration.

II. Our Decision in 47 FLRA 1338

In 47 FLRA 1338, the Authority found that the Respondent violated section 7116(a)(1) and (2) of the Federal Service Labor-Management Relations Statute (the Statute) by refusing to credit the Charging Party's Federal union experience in determining his qualifications for a position. In so doing, we rejected the Respondent's argument that it prohibited consideration of such experience to ensure compliance with section 7116(a)(2) of the Statute. We noted, in this regard, that there was no evidence that "the Respondent refused to credit any relevant experience or category of relevant experience, other than Federal union activity." Id. at 1342. We also noted that a policy "which makes no distinctions based on union activity appears to promote management neutrality with regard to its treatment of employees who do, and do not, choose such actions." Id. at 1343.

III. Request for Reconsideration

The Respondent contends that the Authority should reconsider its decision in 47 FLRA 1338 because the Authority did not address "two major elements of the agency's argument in defense of it actions." Request at 1. The Re