49:0902(86)AR - - Army Reserve Personnel Center, St. Louis, MO and AFGE, Local 900 - - 1994 FLRAdec AR - - v49 p902
[ v49 p902 ]
The decision of the Authority follows:
49 FLRA No. 86
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE ARMY
U.S. ARMY RESERVE PERSONNEL CENTER
ST. LOUIS, MISSOURI
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
(49 FLRA 95 (1994))
ORDER DENYING REQUEST FOR RECONSIDERATION
May 9, 1994
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on a request by the Agency seeking reconsideration of the Authority's decision in 49 FLRA 95 (1994). The Union did not file an opposition to the Agency's request for reconsideration. For the reasons stated below, the Agency's request for reconsideration is denied.
II. Arbitrator's Award and the Decision in 49 FLRA 95
In 49 FLRA 95, we reviewed the Agency's exceptions to the Arbitrator's award granting the grievant a cash award and ordering that the grievant's two Quality Step Increases and her within-grade increase remain in effect.
The Agency excepted to the award on the ground, among others, that the award violated Federal Personnel Manual (FPM) chapter 451, Incentive Awards, subchapter 6, Monetary Recognition for Performance, paragraph 6-3b(3). We noted that FPM chapter 451, subchapter 6 was abolished by the FPM Sunset Document. See FPM Sunset Document at 3. Accordingly, because we apply the law that is in effect at the time we make our decision, and because FPM chapter 451, subchapter 6 was no longer in effect, we concluded that that portion of the FPM did not provide a basis for finding the award deficient.
III. Request for Reconsideration
The Agency argues that extraordinary circumstances exist for the Authority to reconsider its denial of the Agency's exceptions. The Agency contends that the Authority improperly relied on U.S. Department of Transportation and Federal Aviation Administration, 40 FLRA 690 (1991) (FAA) to support its decision in 49 FLRA 95 because FAA involved a negotiability issue