U.S. Federal Labor Relations Authority

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23:0765(98)AR - GSA Region 10 and AFGE Council 236 -- 1986 FLRAdec AR

[ v23 p765 ]
The decision of the Authority follows:

 23 FLRA No. 98
                                            Case No. 0-AR-1051 
                                              (22 FLRA NO. 8)
                          ORDER AMENDING DECISION
                         I.  STATEMENT OF THE CASE
    This matter is before the Authority on a motion filed by the Agency
 requesting the Authority to amend and clarify its decision in 22 FLRA
 No. 8.  The Union filed a response to the Agency's motion and filed a
 cross motion also seeking clarification of the Authority's decision.
                              II.  BACKGROUND
    In its decision the Authority modified the Arbitrator's award that
 the grievant be given a rating of "outstanding" by directing that the
 followiing language be substituted for that in the award:
          Management shall reevaluate in accordance with the general
       performance appraisal system and Article 19 of the parties'
       National Agreement the grievant's performance for the period
       stipulated to and designated by the parties and shall apply that
       rating to the appraisal periods in question.
    In its decision the Authority construed the last sentence of page 12
 of the Arbitrator's opinion and award as being the entire award.  That
 sentence reads:  "Accordingly, I shall order the Grievant be given a
 rating of outstanding for the two appraisal periods in question." Page
 12 was the final page of the award in the record before the Authority.
 However, according to the parties' motions, the award contained a page
 13 which reads as follows:
          I.  It is the Award of your Arbitrator that Grievant Margaret
       Lien performed in an outstanding fashion during the appraisal
       periods June 1983 through May 1984 and June 1, 1984, through May
       31, 1985.
          II.  Accordingly, it is hereby ordered that she be given an
       overall rating of outstanding with respect to her performance in
       both periods.
    For reasons unknown, page 13 of the award was not contained in the
 record submitted to the Authority.
                       III.  ANALYSIS AND CONCLUSION
    Section 2429.17 of the Authority's Rules and Regulations provides in
 pertinent part:
                         2429.17 Reconsideration.
          After a final decision or order of the Authority has been
       issued, a party to the proceeding before the Authority who can
       establish in its moving papers extraordinary circumstances for so
       doing, may move for reconsideration of such final decision or
       order.  The motion shall be filed within 10 days after service of
       the Authority's decision or order . . . .
    We find that in the situation described in the parties' motions, an
 extraordinary circumstance exists within the meaning of section 2429.17
 of the Authority's Rules and Regulations.  Therefore, the Authority has
 reconsidered its decision in 22 FLRA No. 8 in light of page 13 of the
 award.  Upon review of page 13 of the award, the parties' motions, and
 our original decision, we conclude that our decision must be amended as
 set forth below.
                               IV.  Decision
    The Authority modifies its decision in 22 FLRA No. 8, June 6, 1986,
 by ordering that paragraphs I and II found on page 13 of the
 Arbitrator's award be struck and replaced by the substitute language
 ordered in the Authority's original decision.
    Issued, Washington, D.C. October 31, 1986.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY