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25:0477(32)AR - AFGE and SSA -- 1987 FLRAdec AR



[ v25 p477 ]
25:0477(32)AR
The decision of the Authority follows:


 25 FLRA No. 32
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES
 Union
 
 and
 
 SOCIAL SECURITY ADMINISTRATION
 Agency
 
                                            Case No. 0-AR-1207
                                             (25 FLRA No. 12)
 
                 ORDER DENYING REQUEST FOR RECONSIDERATION
 
    This matter is before the Authority on a request filed by the Agency
 seeking reconsideration of the Authority's decision of January 13, 1987.
  The Authority denied the Agency's exceptions to the Arbitrator's award
 but modified one aspect of the award to substitute the remedy provided
 by the Statute.
 
    In its decision, the Authority, after careful consideration of the
 record, determined in regard to the Agency's exceptions which were
 denied that the Agency had failed to establish that the Arbitrator's
 award was deficient on any of the grounds set forth in section 7122(a)
 of the Federal Service Labor-Management Relations Statute.  Accordingly,
 the Authority denied the Agency's exceptions.  In support of its request
 for reconsideration, the Agency makes three arguments:  (1) the
 Authority's decision is based on a nonfact and constitutes an erroneous
 interpretation of the evidence of record;  (2) the Authority's decision
 fails to address all of the Agency's exceptions to the award;  and, (3)
 the Authority's decision and conclusions are not supported by findings
 of fact to support its conclusions.
 
    Section 2429.17 of the Authority's Rules and Regulations permit a
 party that can establish "extraordinary circumstances" to request
 reconsideration of a decision of the Authority.  Here, however, the
 Authority concludes that the Agency has not established "extraordinary
 circumstances" within the meaning of section 2429.17.  Rather, the
 arguments presented by the Agency in support of its request essentially
 constitute nothing more than disagreement with the merits of the
 Authority's decision and an attempt to relitigate the matter.
 
    Accordingly, the Agency's request for reconsideration is denied.
 
    Issued, Washington, D.C., February 3, 1987.
 
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY