Association of Civilian Technicians, Treasure State Chapter #57 (Union) and United States Department of Defense, National Guard Bureau, Montana National Guard, Helena, Montana (Agency)

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57 FLRA No. 18

ASSOCIATION OF CIVILIAN TECHNICIANS
TREASURE STATE CHAPTER #57
(Union)

and

UNITED STATES DEPARTMENT OF DEFENSE
NATIONAL GUARD BUREAU
MONTANA NATIONAL GUARD
HELENA, MONTANA
(Agency)

0-NG-2552

(56 FLRA 1046 (2001))

_____

ORDER DENYING MOTION
FOR RECONSIDERATION

April 3, 2001

_____

Before the Authority: Dale Cabaniss, Chairman; Donald S. Wasserman and Carol Waller Pope, Members.

I.     Statement of the Case

      This case is before the Authority on the Union's motion for reconsideration of the Authority's decision in 56 FLRA 1046 (2001). The Agency did not file an opposition to the Union's 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 not established that extraordinary circumstances exist, and we deny the Union's motion.

II.     Decision in 56 FLRA 1046

      In ACT, Treasure State Chapter #57, 56 FLRA 1046 (2001), the Authority held that the disputed provision -- requiring the Agency to use competitive procedures to fill certain vacancies -- is contrary to management's right to select from any appropriate source under &#