United States Department of Homeland Security, U.S. Citizenship And Immigration Services (Agency) and American Federation of Government Employees, Local 3923 (Union)

64 FLRA No. 53                               

 

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

 

_____

 

UNITED STATES DEPARTMENT OF HOMELAND SECURITY

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

(Agency)

 

and

 

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3923

 (Union)

 

0-AR-4209

 

ORDER DENYING MOTION FOR

RECONSIDERATION

 

December 30, 2009

 

_____

 

Before the Authority:  Carol Waller Pope, Chairman, and

Thomas M. Beck and Ernest DuBester, Members

 

I.          Statement of the Case

 

            This matter is before the Authority on the Agency’s motion for reconsideration of an Authority order granting the Agency’s request to withdraw its exceptions.  The Union filed an opposition to the Agency’s motion.            

 

            Section 2429.17 of the Authority’s Regulations permits a party who can establish extraordinary circumstances to request reconsideration of an Authority order.  For the reasons that follow, we deny the Agency’s motion for reconsideration. 

 

II.        Procedural Dismissal of Agency’s Exceptions

 

            The Authority issued to the parties a status inquiry questioning whether they still required a formal decision in this case.  In particular, the Authority stated that, if the circumstances of the case no longer warranted formal adjudication, the party bringing the action should submit a withdrawal.  See Status Inquiry at 1.  In response, the Agency -- the excepting party -- stated that the case no longer warranted a formal decision and submitted a withdrawal of its exceptions.  The Authority issued an order granting the Agency’s withdrawal.* 

 

III.       Motion for Reconsideration

 

            The Agency requests that the Authority rescind its order granting the Agency’s withdrawal of its exceptions, asserting only that the Agency representative “had mistaken case numbers, and provided incorrect information[.]”  Motion for Reconsideration at 1.  The Agency alleges, without elaboration, that it never intended to withdraw its exceptions.  See id.   

 

            The Union opposes the Agency’s motion, claiming that the Agenc