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30:1039(113)AR - VA Regional Office and AFGE Local 1765 -- 1988 FLRAdec AR



[ v30 p1039 ]
30:1039(113)AR
The decision of the Authority follows:


30 FLRA NO. 113
30 FLRA 1039

26 JAN 1988
  
VETERANS ADMINISTRATION
REGIONAL OFFICE

                    Activity

      and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 1765

                     Union

Case No. O-AR-1272
(30 FLRA No. 1)

ORDER DENYING REQUEST FOR RECONSIDERATION

     I. Statement of the Case

     This matter is before the Authority on a request filed by
the Union seeking reconsideration of our decision of November 10,
1987. We deny the request.

     In our decision, we concluded that by rejecting management's
determination to schedule and assign the grievants 20 hours of
work per week and by instead compelling the Activity to schedule
and assign them 24 hours of work per week, the Arbitrator's award
restricted management's right to determine the number of hours of
work the grievants will be assigned and was contrary to
management's right to assign work under section 7106(a)(2)(B).

     II. The Union's Request

     The Union maintains that the Authority's decision "did not
address the crux of the grievance and the (A)rbitrator's
decision." The Union argues that management's exercise of its
right to assign work was not in accordance with applicable laws
and regulations and that consequently, the award should not have
been found deficient.

     III. Discussion

     We conclude that the Union's request provides no basis on
which to grant reconsideration. Section 2429.17 of the
Authority's Rules and Regulations permits a party that can
establish "extraordinary circumstances" to request
reconsideration of a decision of the Authority. We conclude that
the Union has not established "extraordinary circumstances"
within the meaning of our Regulations. Instead, the Union's
arguments constitute nothing more than disagreement with the
merits of the Authority's decision and an attempt to relitigate
the matter.

     IV. Order

     The request for reconsideration is denied.

     Issued, Washington, D.C., January 26, 1988.

     Jerry L. Calhoun, Chairman

     Jean McKee, Member

     FEDERAL LABOR RELATIONS AUTHORITY