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
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
U.S. CITIZENSHIP AND IMMIGRATION SERVICES
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
ORDER DENYING MOTION FOR
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 Agency is attempting to rescind the withdrawal of its exceptions to avoid compliance with a remedy that the Arbitrator awarded to the Union in a subsequent, related award. See Opposition at 1-2.
IV. Analysis and Conclusion
Section 2429.17 of the Authority’s Regulations permits a party who can establish extraordinary circumstances to request reconsideration of an Authority order. The Authority has repeatedly recognized that a party seeking reconsideration under § 2429.17 bears the heavy burden of establishing that extraordinary