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57 FLRA No. 167
AFGE, National Joint Council of Food Inspection Locals and U. S. Dept. of Agriculture, Food Safety and Inspection Service, Washington, D.C., Case No. 0-NG- 2636 (Decided April 30, 2002)
The Authority denied the Union's motion for reconsideration noting that the Union failed to establish the existence of extraordinary circumstances. The Authority noted that under § 2429.17 of its regulations, a party seeking reconsideration of a final decision or order of the Authority bears the heavy burden of establishing that extraordinary circumstances exist to justify this unusual action. The Authority has found that extraordinary circumstances exist, and has granted reconsideration, in a limited number of situations, including where the Authority had erred in its remedial order, process, conclusion of law, or factual finding. A moving party's disagreement with the conclusion reached by the Authority is insufficient to satisfy the extraordinary circumstances requirement.
In this case, the Union argued in its motion for reconsideration that, once a petition for review of an agency's allegation of nonnegotiability has been filed, an agency's withdrawal of its allegation cannot deprive the union of the right to have the proposals at issue decided by the Authority. However, the Authority noted that it has long held that once an agency has withdrawn its allegation of nonnegotiability concerning a union's proposal, there is no longer an issue as to whether the proposal is within the duty to bargain. In such circumstances, the Authority does not consider the proposal and dismisses the petition.