52:0986(101)AR - - HHS, SSA, New York Region and AFGE Council 220 - - 1997 FLRAdec AR - - v52 p986



[ v52 p986 ]
52:0986(101)AR
The decision of the Authority follows:


52 FLRA No. 101

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES(*)

SOCIAL SECURITY ADMINISTRATION

NEW YORK REGION

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

COUNCIL 220

(Union)

0-AR-2735

(52 FLRA 376 (1996))

_____

ORDER DENYING REQUEST FOR RECONSIDERATION

February 24, 1997

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Donald S. Wasserman, Members.

I. Statement of the Case

This matter is before the Authority on the Union's request for reconsideration of the Authority's decision in 52 FLRA 376 (1996). The Agency did not file an opposition to the request.

Section 2429.17 of the Authority's Regulations permits reconsideration of an Authority decision when a party establishes extraordinary circumstances. We conclude that the Union has not established extraordinary circumstances warranting reconsideration of 52 FLRA 376. Accordingly, we deny the Union's request.

II. Decision in 52 FLRA 376

In 52 FLRA 376, the Authority concluded that the Arbitrator's award of straight-time compensation to specified Union officials for official time activities performed outside their regular duty hours was deficient. Our decision was based on U.S. Department of Health and Human Services, Social Security Administration, New York Region and American Federation of Government Employees, Local 3369, 52 FLRA 328 (1996) (New York Region), in which we applied longstanding Authority precedent that wrongful denials of official time justify compensation only when official time activities would have been performed on duty time, but for management's denial of the official time request. In New York Region,