Pension Benefit Guaranty Corporation (Agency) and National Association of Government Employees, Local R3-77 (Union)

[ v60 p747 ]

60 FLRA No. 142

PENSION BENEFIT
GUARANTY CORPORATION
(Agency)

and

NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES
LOCAL R3-77
(Union)

0-AR-3852

_____

ORDER DENYING MOTION
FOR RECONSIDERATION

March 17, 2005

_____

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

I.      Statement of the Case

      This case is before the Authority on a request for reconsideration filed by the Union under § 2429.17 of the Authority's Regulations and the Federal Service Labor-Management Relations Statute (the Statute). The Agency did not file an opposition. The Authority, through its Case Control Office, dismissed without prejudice the Agency's exceptions to the award of Arbitrator Leon B. Applewhaite as interlocutory.

      Section 2429.17 of the Authority's Regulations permits a party who can establish extraordinary circumstances to request reconsideration of an Authority decision or order. The Union seeks reconsideration of the Authority's August 20, 2004 order to dismiss the Agency's exceptions without prejudice and asks the Authority to dismiss the exceptions with prejudice because the issue is moot.

      For the reasons that follow, we find that the Union has not established that extraordinary circumstances exist. Accordingly, we deny the Union's request to dismiss the exceptions with prejudice.

II.      Background

      The Union filed a grievance which was submitted to arbitration. The Arbitrator issued an award directing, among other things, the Union to provide him information on use of official time within 30 days, and the Agency to respond within 30 days after that. The Arbitrator retained jurisdiction to make a final decision on the official time issue. See Award at 35, ¶ 8.

      The Union submitted additional information on use of official time to the Arbitrator, following which the Agency filed exceptions to the Arbitrator's award regarding the official time issue. The Union filed an opposition, claiming that the exceptions were interlocutory.

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