[ v09 p105 ]
09:0105(13)CU
The decision of the Authority follows:
9 FLRA No. 13 DEPARTMENT OF THE AIR FORCE, CHARLESTON AIR FORCE BASE, MILITARY AIRLIFT COMMAND, CHARLESTON, SOUTH CAROLINA Activity/petitioner and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1869, AFL-CIO Labor Organization Case No. 4-CU-33 ORDER DENYING MOTION FOR RECONSIDERATION THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION FOR RECONSIDERATION OF THE AUTHORITY'S DECISION AND ORDER CLARIFYING UNIT IN DEPARTMENT OF THE AIR FORCE, CHARLESTON AIR FORCE BASE, MILITARY AIRLIFT COMMAND, CHARLESTON, SOUTH CAROLINA, 9 FLRA NO. 13(1982), FILED BY THE ACTIVITY/PETITIONER. THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1869, AFL-CIO (AFGE), FILED AN OPPOSITION THERETO. IN ITS DECISION, THE AUTHORITY CLARIFIED THE BARGAINING UNIT EXCLUSIVELY REPRESENTED BY AFGE TO INCLUDE THE INCUMBENTS IN FIVE DISPUTED POSITIONS CLASSIFIED AS FLIGHT INSTRUCTOR (FIXED WING), GS-2181-13. THE ACTIVITY'S MOTION ESSENTIALLY ALLEGES THAT THE AUTHORITY INCORRECTLY CONCLUDED ON THE BASIS OF THE RECORD EVIDENCE THAT THE FIVE INCUMBENTS WERE NEITHER MANAGEMENT OFFICIALS NOR SUPERVISORS WITHIN THE MEANING OF THE STATUTE. SECTION 2429.17 OF THE RULES AND REGULATIONS PROVIDES, IN PART, THAT A PARTY WHO "CAN ESTABLISH . . . EXTRAORDINARY CIRCUMSTANCES . . . MAY MOVE FOR RECONSIDERATION, OF AN AUTHORITY DECISION. UPON REVIEW OF THE ACTIVITY'S MOTION, THE AUTHORITY CONCLUDES THAT NO EXTRAORDINARY CIRCUMSTANCES WARRANTING RECONSIDERATION HAVE BEEN ESTABLISHED. RATHER, THE ARGUMENTS MADE IN SUPPORT OF THE MOTION SIMPLY INDICATE DISAGREEMENT WITH THE MERITS OF THE AUTHORITY'S DECISION. ACCORDINGLY, IT IS HEREBY ORDERED THAT THE MOTION FOR RECONSIDERATION BE, AND IT HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., NOVEMBER 24, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY