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
UNITED STATES DEPARTMENT OF DEFENSE
NATIONAL GUARD BUREAU
MONTANA NATIONAL GUARD
(56 FLRA 1046 (2001))
ORDER DENYING MOTION
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