53:0980(79)AR - - AFGE Local 2437 and VA Medical Center, Dallas, TX - - 1997 FLRAdec AR - - v53 p980



[ v53 p980 ]
53:0980(79)AR
The decision of the Authority follows:


53 FLRA No. 79

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2437

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

DALLAS, TEXAS

(Agency)

0-AR-3001

_____

ORDER DENYING MOTION FOR RECONSIDERATION

December 11, 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 Union's request for reconsideration of the Authority's Order Dismissing Exceptions in 0-AR-3001, dated October 8, 1997. The Agency filed 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 Union has not established that extraordinary circumstances exist. Accordingly, we deny the Union's motion.

II. Decision in 0-AR-3001

The Arbitrator issued an award and the Union timely filed exceptions to the award. However, the Union's exceptions did not comply with the requirement in the Authority's Regulations that any document filed with the Authority be served on "all counsel of record or other designated representative(s) of parties[.]" 5 C.F.R. § 2429.27(a). Specifically, the Union did not show that it served the Agency's representative of record.

Because of this deficiency, the Authority issued an Order directing the Union to file with the Authority by September 24, 1997, an original and four copies of a statement of service showing that the exceptions were served on the Agency's representative of record. The Order stated that failure to comply with the Order "may result in dismissal of the Union's exceptions." Order at 2.

On October 8, the Authority dismissed the Union's exceptions because the Union had failed to file a r