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56 FLRA No. 38
U.S. Department of the Interior, Washington, D.C. And U.S. Geological Survey, Reston, Virginia and NFFE, Local 1309, Case No. WA-CA-30451 (Decided April 28, 2000)
In this case, the Respondent filed a motion for reconsideration of the Authority's decision in 56 FLRA 45 (2000). In that case, the Authority, on remand from the United States Supreme Court and the United States Court of Appeals for the Fourth Circuit, concluded that the Respondent committed unfair labor practices when it refused to bargain over a proposal requiring midterm bargaining.
The Respondent argued that the Authority failed to follow the Supreme Court's mandate on remand and that this failure constituted extraordinary circumstances warranting the Authority's reconsideration of its decision on remand. The Respondent further stated that the Authority did not independently analyze the specifics of the midterm bargaining obligation, but merely reaffirmed the same general conclusion it had previously adopted. The Authority concluded that the Respondent failed to establish that extraordinary circumstances warranting reconsideration of the Authority's decision, and denied the motion for reconsideration.