American Federation of Government Employees, Local 2501 (Union) and U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Center, New Cumberland, Pennsylvania (Agency)
[ v57 p278 ]
57 FLRA No. 59
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2501
U.S. DEPARTMENT OF DEFENSE
DEFENSE LOGISTICS AGENCY
DEFENSE DISTRIBUTION CENTER
NEW CUMBERLAND, PENNSYLVANIA
(56 FLRA 1052 (2001))
ORDER DENYING MOTION FOR
June 21, 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 1052 (2001). The Agency did not file an opposition to the motion.
Section 2429.17 of the Authority's Regulations permits a party who can establish extraordinary circumstances to request reconsideration of an Authority decision. We conclude that the Union fails to establish extraordinary circumstances warranting reconsideration. Accordingly, we deny the Union's motion.
II. Decision in 56 FLRA 1052
In 56 FLRA 1052, Arbitrator Alexander Cocalis determined that the Union had breached a settlement agreement. We concluded that the Union failed to establish that the award was deficient. Accordingly, we denied the Union's exceptions.
The background to this matter is set forth in 56 FLRA 1052. Briefly restated, in 1997, Arbitrator Ed Bankston sustained a union grievance, which had alleged a failure to bargain by the Agency. As a remedy, Arbitrator Bankston ordered the Agency to bargain with the Union, and he retained jurisdiction for purposes of interpretation and implementation of his award. In 1999, the Union claimed that an action by the Agency [ v57 p279 ] violated Arbitrator Bankston's award and requested a clarification by Arbitrator Bankston of his award. On February 20, 2000, Arbitrator Bankston ordered the Agency to cease any action until he had conducted a full review.
On April 6, 2000, while the request for clarification was pending before Arbitrator Bankston, Arbitrator Cocalis conducted a hearing on a union grievance over competitive areas. With the assistance of Arbitrator Cocalis, the parties' entered into a settlement agreement that was made part of the arbitration record. The settlement agreement provided that in consideration of the Union dropping all grievances and third party proceedings pending as of April 6, 2000, except for a grievance concerning official time and office equipment, the Agency agreed to delay all pending reductions-in-force until June 30, 2001. Arbitrator Cocalis retained jurisdiction over implementation of the settlement agreement.
Subsequent to the settlement agreement, Arbitrator Bankston clarified his 1997 arbitration award and determined that the Agency's disputed actions violated his award. The Agency requested the assistance of Arbitrator Cocalis, and he issued an award on the terms of the settlement agreement, to which the Union filed the exceptions in 56 FLRA 1052. In that award, Arbitrator Cocalis determined that the Union had breached the settlement agreement by not dropping the matter before Arbitrator Bankston. He stated that there was no doubt that the matter decided by Arbitrator Bankston was encompassed by the agreement. Award at 1. As a remedy, Arbitrator Cocalis decla