09:0105(13)CU - Air Force, Charleston AFB, Military Airlift Command, Charleston, SC and AFGE Local 1869 -- 1982 FLRAdec RP
[ v09 p105 ]
09:0105(13)CU
The decision of the Authority follows:
9 FLRA No. 13
DEPARTMENT OF THE AIR FORCE,
CHARLESTON AIR FORCE BASE,
MILITARY AIRLIFT COMMAND,
CHARLESTON, SOUTH CAROLINA
Activity/petitioner
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1869, AFL-CIO
Labor Organization
Case No. 4-CU-33
ORDER DENYING MOTION FOR RECONSIDERATION
THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION FOR RECONSIDERATION
OF THE AUTHORITY'S DECISION AND ORDER CLARIFYING UNIT IN DEPARTMENT OF
THE AIR FORCE, CHARLESTON AIR FORCE BASE, MILITARY AIRLIFT COMMAND,
CHARLESTON, SOUTH CAROLINA, 9 FLRA NO. 13(1982), FILED BY THE
ACTIVITY/PETITIONER. THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 1869, AFL-CIO (AFGE), FILED AN OPPOSITION THERETO.
IN ITS DECISION, THE AUTHORITY CLARIFIED THE BARGAINING UNIT
EXCLUSIVELY REPRESENTED BY AFGE TO INCLUDE THE INCUMBENTS IN FIVE
DISPUTED POSITIONS CLASSIFIED AS FLIGHT INSTRUCTOR (FIXED WING),
GS-2181-13. THE ACTIVITY'S MOTION ESSENTIALLY ALLEGES THAT THE
AUTHORITY INCORRECTLY CONCLUDED ON THE BASIS OF THE RECORD EVIDENCE THAT
THE FIVE INCUMBENTS WERE NEITHER MANAGEMENT OFFICIALS NOR SUPERVISORS
WITHIN THE MEANING OF THE STATUTE.
SECTION 2429.17 OF THE RULES AND REGULATIONS PROVIDES, IN PART, THAT
A PARTY WHO "CAN ESTABLISH . . . EXTRAORDINARY CIRCUMSTANCES . . . MAY
MOVE FOR RECONSIDERATION, OF AN AUTHORITY DECISION. UPON REVIEW OF THE
ACTIVITY'S MOTION, THE AUTHORITY CONCLUDES THAT NO EXTRAORDINARY
CIRCUMSTANCES WARRANTING RECONSIDERATION HAVE BEEN ESTABLISHED. RATHER,
THE ARGUMENTS MADE IN SUPPORT OF THE MOTION SIMPLY INDICATE DISAGREEMENT
WITH THE MERITS OF THE AUTHORITY'S DECISION.
ACCORDINGLY, IT IS HEREBY ORDERED THAT THE MOTION FOR RECONSIDERATION
BE, AND IT HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., NOVEMBER 24, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY