49:0134(19)NG - - NAGE, Local R1-109 and VA Medical Center, Newington, CT - - 1994 FLRAdec NG - - v49 p134



[ v49 p134 ]
49:0134(19)NG
The decision of the Authority follows:


49 FLRA No. 19

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R1-109

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

NEWINGTON, CONNECTICUT

(Agency)

0-NG-2188

_____

ORDER DENYING REQUEST FOR RECONSIDERATION

February 24, 1994

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on a request by the Union seeking reconsideration of the Authority's Order dismissing the Union's petition for review in the above-captioned case. The Agency filed an opposition to the request for reconsideration. For the reasons stated below, the Union's request for reconsideration is denied.

II. Background

On November 18, 1993, the Authority issued an order informing the Union that its petition for review did not comply with the Authority's Rules and Regulations and directing the Union to file with the Authority by December 1, 1993, "a statement of service . . . showing service of the petition on Mr. Richard Daniels, the principal Agency bargaining representative at the negotiations." The Order stated that "[f]ailure to comply . . . by December 1, 1993, may result in dismissal of the . . . petition for review."

The Union did not file the required statement of service with the Authority. Accordingly, on December 15, 1993, the Union's petition for review was dismissed.

III. Positions of the Parties

The Union claims that it "properly served the principal [A]gency bargaining representative" and that the individual named in the Authority's order "never attended any negotiation session" and was not designated as the Agency's representative. Request at 1. In addition, the Union asserts that its petition for review should be reinstated because it "contacted [the Authority] by telephone, and was led to believe that the issue was resolved." Id.

The Agency argues that the Union has not established extraordinary circumstances to justify its request for reconsideration.

IV. Analysis and Conclusions