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58 FLRA No. 47
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1617
DEPARTMENT OF THE AIR FORCE
SAN ANTONIO AIR LOGISTICS CENTER
KELLY AIR FORCE BASE
SAN ANTONIO, TEXAS
(58 FLRA 63 (2002))
ORDER DENYING MOTION
November 13, 2002
Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members
This matter is before the Authority on a motion for reconsideration of the Authority's decision in AFGE Local 1617, 58 FLRA 63 (2002) (Member Pope dissenting) (Local 1617) filed by the Union under § 2429.17 of the Authority's Regulations. The Agency filed an opposition to the Union's motion. [n1]
Section 2429.17 permits a party who can establish extraordinary circumstances to request reconsideration of a final decision of the Authority. See United States Dep't of the Air Force, 375th Combat Support Group, Scott Air Force Base, Ill., 50 FLRA 84, 85 (1995) (Scott AFB). These include situations where the Authority erred in its remedial order, process, conclusions of law, or factual findings. See 50 FLRA at 85-87. The party seeking reconsideration of a final decision of the Authority has the heavy burden of establishing that extraordinary circumstances exist to justify this unusual action. See id. at 85. The Authority has uniformly held that mere disagreement with the conclusions reached by the Authority do not constitute extraordinary circumstances warranting reconsideration. See, e.g., United States Dep't of the Air Force, Seymour Johnson Air Force Base, N.C., 58 FLRA 22 (2002) (Seymour Johnson AFB); Scott AFB, 50 FLRA at 86-87.
In this case, the Union asserts that the Authority erred in its reasoning and conclusions in Local 1617 and that the decision is contrary to the Authority's prior holdings. We conclude that the Union's motion fails to establish extraordinary circumstances warranting reconsideration of the Authority's decision. The Union fails to establish that any of the situations that the Authority has identified as constituting extraordinary circumstances are present. In our view, the Union's assertions simply disagree with the conclusions of the Authority in Local 1617 and provide no basis for granting reconsideration. [n2] Accordingly, we deny the motion for reconsideration. See, e.g., Seymour Johnson AFB.
Footnote # 1 for 58 FLRA No. 47 - Authority's Decision
In its opposition, the Agency contends that the Union's motion is not properly before the Authority because AFGE Local 1617 no longer exists. We reject the Agency's contention. Until this matter is final, AFGE Local 1617 meets the definition of party in § 2421.11 of the Authority's Regulations by having participated as a party before the Arbitrator, and the motion was filed by its designated representatives.
Footnote # 2 for 58 FLRA No. 47 - Authority's Decision