50:0531(71)AR - - AFGE, Local 2199 and VA Medical Center, Salt Lake City, UT - - 1995 FLRAdec AR - - v50 p531



[ v50 p531 ]
50:0531(71)AR
The decision of the Authority follows:


50 FLRA No. 71

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2199

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

SALT LAKE CITY, UTAH

(Agency)

0-AR-2640

(50 FLRA 257 (1995))

_____

ORDER DENYING MOTION FOR RECONSIDERATION

June 22, 1995

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Pamela Talkin, Members.

I. Statement of the Case

This matter is before the Authority on the Union's motion for reconsideration of the Authority's decision in 50 FLRA 257 (1995). The Agency did not file an opposition to the motion.

Section 2429.17 of the Authority's Regulations permits a party who can establish extraordinary circumstances to request reconsideration of an Authority decision.

For the following reasons, we conclude that the Union has failed to establish that extraordinary circumstances exist. Accordingly, we deny the Union's motion.

II. Decision in 50 FLRA 257

In 50 FLRA 257, the Authority found no basis on which to conclude that an arbitrator's award, denying the grievance of an employee who challenged his performance appraisal, was deficient under section 7122(a) of the Federal Service Labor-Management Relations Statute. More specifically, the Authority concluded that the Union failed to establish that the award was contrary to 5 C.F.R. § 430.205(e), which relates to the conduct and content of progress reviews. The Authority found that the regulation does not describe the degree of specificity that a supervisor must use to discuss an employee's performance and does not state that a supervisor must address separately each performance element. The Authority determined that the Agency's conduct with respect to the mid-year progress review was not inconsistent with the