American Federation of Government Employees, Council 170, Local 2128 (Union) and United States, Department of Defense, Defense Contract Management Agency, District West, Hurst, Texas (Agency)

[ v59 p1 ]

59 FLRA No. 1

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
COUNCIL 170, LOCAL 2128
(Union)

and

UNITED STATES
DEPARTMENT OF DEFENSE
DEFENSE CONTRACT
MANAGEMENT AGENCY
DISTRICT WEST
HURST, TEXAS
(Agency)

0-AR-3555
(58 FLRA 316 (2003))

_____

ORDER DENYING MOTION
FOR RECONSIDERATION

August 5, 2003

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members

      This matter is before the Authority on the Union's motion for reconsideration of the Authority's decision in 58 FLRA 316 (2003). The Agency filed 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. See United States Dep't of the Air Force, 375th Combat Support Group, Scott Air Force Base, Ill., 50 FLRA 84, 85 (1995) (Scott AFB). In Scott AFB, the Authority identified a limited number of situations in which extraordinary circumstances have been found to exist. These include situations where a moving party has established that the Authority erred in its remedial order, process, conclusion of law, or factual finding. See id. at 85-87. The party seeking reconsideration of a decision of the Authority has a heavy burden of establishing that extraordinary circumstances exist to justify this unusual action. See id. at 85. The Authority has uniformly held that mere disagreement with the conclusions reached by the Authority do not constitute extraordinary circumstances warranting reconsideration. See, e.g., AFGE Local 1617, 58 FLRA 183, 183 (2002).

      In this case, the Union alleges that the Authority erred in its interpretation of the Federal Service Labor-Management Relations Statute. We conclude that the Union fails to meet the heavy burden of establishing that extraordinary circumstances exist to justify reconsideration of 58 FLRA 316. The Union fails to establish that any of the situations identified as constituting extraordinary circumstances are present. Ins