30:0371(45)AR - AFGE and SSA -- 1987 FLRAdec AR

30 FLRA NO. 45
30 FLRA 371

30 NOV 1987


AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES

               Union

       and

SOCIAL SECURITY ADMINISTRATION

               Agency

Case No. 0-AR-1336
(29 FLRA No. 125)

DECISION DENYING REQUEST FOR RECONSIDERATION

     This matter is before the Authority on a request filed by
the Union seeking reconsideration of the Authority's decision of
November 6, 1987, in 29 FLRA  No. 125. In that case, the
Authority denied the Agency's first, third, and fourth
exceptions. The Authority (Member McKee dissenting in part)
granted the Agency's second exception, set aside the Arbitrator's
award as it related to that exception, urged the parties to
resolve the dispute bilaterally, and directed the parties to
submit their dispute to another neutral arbitrator if they were
unwilling or unable to resolve it themselves.

     The Union argues that reconsideration of the decision is
warranted because the Authority's disposition of the Agency's
second exception is (1) "unprecedented," (2) "clearly
unforeseeable," and (3) inconsistent with the views of
arbitrators in four other cases now pending before the Authority.
The Union requests the Authority to vacate that part of its order
concerning the second exception and to resolve the issue of
Arbitrator Smith's authority by issuing decisions in the four
pending cases it references. 

     Section 2429.17 of the Authority's Regulations permits a
party that can establish "extraordinary circumstances" to request
reconsideration of an Authority decision. In this case, the Union
has not established extraordinary circumstances. Rather, the
Union's arguments constitute mere disagreement with and an
attempt to relitigate the merits of the decision.

     The Union has presented no basis on which to grant
reconsideration. 1 Accordingly, the Union's request is denied.

     Issued, Washington, D.C. November 30,  1987.

     Jerry L. Calhoun, Chairman

     Jean McKee, Member

     FEDERAL LABOR RELATIONS AUTHORITY 


FOOTNOTES

     Footnote 1 Member McKee notes her dissent in 29 FLRA  No.
125 and   her continued disagreement with the Authority's
decision regarding the   second exception to the Arbitrator's
award. However, in light of the   Authority's decision in that
case, Member McKee joins Chairman Calhoun   in denying the
Union's request for reconsideration.