53:0267(36)NG - - NAGE Local R1-109 and VA Medical Center, Newington, CT - - 1997 FLRAdec NG - - v53 p267
[ v53 p267 ]
The decision of the Authority follows:
53 FLRA No. 36
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE NAVY
MARE ISLAND NAVAL SHIPYARD
FEDERAL EMPLOYEES METAL TRADES COUNCIL
(52 FLRA 1471 (1997))
ORDER DENYING MOTION FOR RECONSIDERATION
August 8, 1997
Before the Authority: Phyllis N. Segal, Chair; and Donald S. Wasserman, Member.
I. Statement of the Case
This matter is before the Authority on the Agency's motion for reconsideration of 52 FLRA 1471 (1997). The Union did not file an opposition to the request.
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 Agency has failed to establish that extraordinary circumstances exist. Accordingly, we deny the Agency's motion.
II. Decision in 52 FLRA 1471
The Arbitrator issued an award on October 10, 1995 (original award), sustaining a grievance alleging that the Agency violated reduction-in-force (RIF) regulations when it separated the grievant from service during a RIF in 1990. In this award, the Arbitrator ordered the grievant's reinstatement, backpay, and attorney fees and retained jurisdiction "solely for the purpose of resolving any dispute between the [p]arties over the specific remedy to be granted [the grievant] and the amount of [attorney fees]." Motion, Attachment 1 at 13. Subsequently, the