48:0914(97)NG - - National Assoc. of Agriculture Employees and Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine - - 1993 FLRAdec NG - - v48 p914



[ v48 p914 ]
48:0914(97)NG
The decision of the Authority follows:


48 FLRA No. 97

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL ASSOCIATION OF AGRICULTURE EMPLOYEES

(Union)

and

U.S. DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

PLANT PROTECTION AND QUARANTINE

(Agency)

0-NG-2134

(48 FLRA 639 (1993))

_____

ORDER DENYING MOTION FOR RECONSIDERATION

November 19, 1993

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on a motion filed by the Union under section 2429.17 of the Authority's Rules and Regulations seeking reconsideration of our decision dismissing the Union's petition for review in National Association of Agriculture Employees and U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine, 48 FLRA 639 (1993) (Animal and Plant Health Inspection Service). The Agency did not file an opposition to the motion for reconsideration.

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

II. The Decision in 48 FLRA 639

In Animal and Plant Health Inspection Service, we found that the Union's proposal, which required the Agency to pay employees overtime compensation for 8 hours of scheduled Sunday overtime in circumstances where they do not actually perform 8 hours' work, was inconsistent with 7 U.S.C. § 2260.

Accordingly, we found that the Union's proposal was nonnegotiable.

III. Motion for Reconsideration

The Union claims that reconsideration of our decision is warranted because the Authority erroneously relied on 7 U.S.C. § 2260, which "neither party mentioned . . . [or] relied upon, in its filings[,]" and because the decision conflicts with 5 U.S.C. §