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29:1283(99)AR - AFGE, GENERAL COMMITTEE VS HHS, SSA



[ v29 p1283 ]
29:1283(99)AR
The decision of the Authority follows:


29 FLRA NO. 99


AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, GENERAL COMMITTEE

                   Union

      and

SOCIAL SECURITY ADMINISTRATION

                   Agency

Case No. 0-AR-1386
 (28 FLRA No. 133)

ORDER DENYING REQUEST FOR RECONSIDERATION

This matter is before the Authority on a request filed by the Union seeking reconsideration of our decision of September 18, 1987, in 28 FLRA No. 133. In that decision, we denied the Union's exceptions to the Arbitrator's award concerning the method by which paychecks are delivered to employees. We found that the exceptions failed to establish that the award was deficient on any of the grounds set forth in section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute).

In its request for reconsideration, the Union argues that (1) our decision is inconsistent with previous decisions in unfair labor practice cases involving similar issues; (2) the Arbitrator's award is based on a non-fact; and (3) we did not meet our statutory obligations because the decision did not offer a well-reasoned explanation for denying the Union's exceptions.

Section 2429.17 of our Regulations permits a party that can establish "extraordinary circumstances" to request reconsideration of a decision of the Authority. Here, however, we conclude that the Union has not established "extraordinary circumstances" within the meaning of section 2429.17. The Arbitrator's award in this case is not deficient under section 7122(a) of the Statute simply because the remedy directed by the Arbitrator is different from that ordered by the Authority in unfair labor practice cases involving the methods of paycheck delivery. The arguments presented by the Union in support of its request essentially constitute nothing more than disagreement with the merits of our decision and present no basis on which to grant reconsideration. Accordingly, the Union's request for reconsideration is denied.

Issued, Washington, D.C., October 30, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS BOARD