48:0783(82)AR - - Air Force, HQ 92nd Bomb Wing, Fairchild AFB, WA and NFFE, Local 11 - - 1993 FLRAdec AR - - v48 p783



[ v48 p783 ]
48:0783(82)AR
The decision of the Authority follows:


48 FLRA No. 82

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 92nd BOMB WING

FAIRCHILD AIR FORCE BASE, WASHINGTON

(Agency)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 11

(Union)

0-AR-2418

(48 FLRA 403 (1993))

_____

ORDER DENYING REQUEST FOR RECONSIDERATION

October 29, 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 48 FLRA 403 (1993). The Agency did not file an opposition to the request. We conclude that the Union has failed to establish that extraordinary circumstances exist that warrant reconsideration of our decision. Accordingly, we will deny the Union's request for reconsideration.

II. Arbitrator's Award and the Decision in 48 FLRA 403

As set forth in more detail in 48 FLRA 403, the Arbitrator framed two issues that were before him for resolution. The Arbitrator rendered a determination with regard to the first issue on February 22, 1993. As to the second issue, the Arbitrator found that management had not had sufficient opportunity to present evidence because the full extent of the Union's allegations was not clear at the time of the hearing. Accordingly, the Arbitrator provided an opportunity for the Agency to respond to the Union's allegations and he "retain[ed] jurisdiction in this matter until the . . . process for [the second issue was] completed, an [a]ward rendered, and the entire matter resolved." Id., at 404.

The Union filed exceptions to the Arbitrator's February 22, 1993, award contending that it was deficient because it was contrary to law, rule or regulation. As explained more fully in 48 FLRA 403, we found that the Union's exceptions were interlocutory because the Arbitrator's award was clearly not a final award on the dispute. We found that although the Arbitrator rendered a finding on the first issue, he specifically retained jurisdiction over the case to resolve the e