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United States, Department of Defense, Alabama Air National Guard, Montgomery, Alabama (Agency) and Association of Civilian Technicians, Alabama Air Chapter (Union)

[ v58 p635 ]

58 FLRA No. 161

UNITED STATES
DEPARTMENT OF DEFENSE
ALABAMA AIR NATIONAL GUARD
MONTGOMERY, ALABAMA
(Agency)

and

ASSOCIATION OF CIVILIAN TECHNICIANS
ALABAMA AIR CHAPTER
(Union)

0-AR-3594
(58 FLRA 411 (2003))

_____

ORDER DENYING MOTION
FOR RECONSIDERATION

July 11, 2003

_____

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 United States Dep't of Defense, Ala. Air Nat'l Guard, Montgomery, Ala., 58 FLRA 411 (2003) (Ala. Air Nat'l Guard) filed by the Union under § 2429.17 of the Authority's Regulations. The Agency did not file an opposition to the Union's motion.

      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 id. 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.

      In Ala. Air Nat'l Guard, the Authority held that the award was deficient as contrary to the Agency's right to fill positions from any appropriate source under § 7106(a)(2)(C)(ii) of the Federal Service Labor-Management Relations Statute. We conclude that the Union's motion fails to establish extraordinary circumstances warranting reconsideration of the Authority's decision. Accordingly, we deny the motion for reconsideration. See, e.g., United States Dep't of the Air Force, Seymour Johnson Air Force Base, N.C., 58 FLRA 22 (2002).