United States, Department of Transportation,, Federal Aviation Administration, (Agency) and National Air, Traffic Controllers Association (Union)

[ v60 p140 ]

60 FLRA No. 33

UNITED STATES
DEPARTMENT OF TRANSPORTATION,
FEDERAL AVIATION ADMINISTRATION
(Agency)

and

NATIONAL AIR
TRAFFIC CONTROLLERS
ASSOCIATION
(Union)

0-AR-3734
(60 FLRA 20 (2004))

_____

ORDER DENYING MOTION
FOR RECONSIDERATION

August 16, 2004

_____

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

      This case is before the Authority on the Union's motion to reconsider the Authority's decision in United States Dep't of Transportation, FAA, 60 FLRA 20 (2004).

      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, 84 (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 concluding that the Arbitrator effectively directed the Agency to pay the grievant premium pay for the performance of representational duties on Columbus Day holiday in 2000 and to pay Union representatives premium pay for the performance of representational duties on Sundays and holidays. We conclude that the Union fails to meet the heavy burden of establishing that extraordinary circumstances exist to justify reconsideration of 60 FLRA 20. The Union fails to establish that any of th