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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