49:1372(122)AR - - NAGE, Local R1-109 and VA Medical Center, Newington, CT - - 1994 FLRAdec AR - - v49 p1372



[ v49 p1372 ]
49:1372(122)AR
The decision of the Authority follows:


49 FLRA No. 122

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-AR-2531

(49 FLRA 815 (1994))

_____

ORDER DENYING MOTION FOR RECONSIDERATION

June 15, 1994

_____

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 exceptions in National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs, Medical Center, Newington, Connecticut, 49 FLRA 815 (1994).(1) 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 49 FLRA 815

In 49 FLRA 815, we determined that the Arbitrator's denial of attorney fees was not supported by a fully reasoned and articulated decision, as required under the Back Pay Act, 5 U.S.C. § 5596. In this regard, we noted that the Arbitrator's finding that attorney fees were not warranted in the interest of justice was conclusory and did not address the statutory criteria relevant to that issue. Accordingly, we set aside the award.

III. Motion for Reconsideration

The Union claims first that the award was fully articulated and reasoned. Second, the Union asserts that the award is based on an erroneous application of criteria applicable to determining attorney fees under the Back Pay Act. The Union also asserts that the FLRA should "look beyond the arbitrator's award to the parties['] pleadings in order to make a proper award of at