25:0659(53)CA - VA Medical Center, Phoenix, AZ and AFGE Local 2382 -- 1987 FLRAdec CA
[ v25 p659 ]
25:0659(53)CA
The decision of the Authority follows:
25 FLRA No. 53
VETERANS ADMINISTRATION
MEDICAL CENTER,
PHOENIX, ARIZONA
Respondent
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 2382, AFL-CIO
Charging Party
Case No. 8-CA-50153
24 FLRA No. 75
ORDER DENYING MOTION FOR RECONSIDERATION
This matter is before the Authority on a motion field by the Union,
the Charging Party, for reconsideration of the Authority's decision and
order in Veterans Administration Medical Center, Phoenix, Arizona, 24
FLRA no. 75 (1986). In its motion the Union contends reconsideration is
warranted because the Authority's decision adopts the Judge's failure to
restore the status quo despite the Judge's ruling that a past practice
had been established.
Section 2429.17 of the Authority's Rules and Regulations provides
that "a party . . . who can establish . . . extraordinary circumstances
. . . may move for reconsideration of" a final decision and order of the
Authority. We conclude that the Union fails to establish extraordinary
circumstances within the meaning of the Rules. In our decision, we
adopted the Judge's finding that the practice established by the Union
did not go beyond a particular agreement made by management as to one
specific employee and the Judge's rationale for denying on that basis a
status quo ante order. Thus, the Union's motion raises no issues not
previously raised before and considered by the Authority. Instead, the
motion only constitutes a disagreement with the merits of the
Authority's decision and an attempt to relitigate the matter.
Accordingly, the Union's motion for reconsideration is denied.
Issued, Washington, D.C., February 12, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY