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58 FLRA No. 41

United States Department of The Air Force Seymour Johnson Air Force Base, North Carolina and National Association of Government Employees, Local R5-188, 0-AR-3545 (Decided October 30, 2002)

      The Authority denied the Agency's request for reconsideration holding that the Agency failed to establish extraordinary circumstances to justify this action.

      The Authority noted that in 50 FLRA 84, 85 (1995) it 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. A moving party's disagreement with the conclusion reached by the Authority is insufficient to satisfy the extraordinary circumstances requirement. In this case, the Authority found that the arguments presented were the same as before and that the Agency was attempting to relitigate the conclusions reached in the Authority's order.



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