31:0016(5)AR - IRS Indianapolis District and NTEU Chapter 49 -- 1988 FLRAdec AR

 31 FLRA NO. 5

INTERNAL REVENUE SERVICE
INDIANAPOLIS DISTRICT

                    Activity

      and

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 49

                    Union

                                         Case No. 0-AR-1246
                                         (30 FLRA No. 96)

            ORDER DENYING REQUEST FOR RECONSIDERATION

     I. Statement of the Case

     This matter is before the Authority on a request filed by
the Activity seeking reconsideration of the Authority's Order of
December 28, 1987, 30 FLRA  No.  96. We deny the request.

     In 30 FLRA  No.  96, the Union's request for reconsideration
maintained that the Authority's decision in 29 FLRA  232 (1987)
was inconsistent with established law and that the Arbitrator's
determination concerning the status of the grievant was supported
by the record. We granted the Union's request for reconsideration
and reversed the previous decision, 29 FLRA  232. In addition, we
specifically held that "(t)he Activity has not shown that the
Arbitrator's award is deficient on any of the grounds set forth
in section 7122(a) of the Federal Service Labor - Management
Relations Statute (the Statute). Therefore, the Activity's
exceptions are denied." 30 FLRA  No.  96, slip op. at 2 
(1987).

     II. The Activity's Request

     The Activity contends that all of its exceptions to the
Arbitrator's award were not considered by the Authority. 

     III. Discussion

     The Activity's request provides no  basis on which to grant
reconsideration. As previously noted, we denied all of the
Activity's exceptions because the Activity had not shown that the
Arbitrator's award was deficient on any of the grounds set forth
in section 7122(a) of the Statute. Consequently, the Activity'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.,February, 10, 1988.

                             Jerry L. Calhoun, Chairman

                             Jean McKee, Member
                             FEDERAL LABOR RELATIONS AUTHORITY