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56 FLRA No. 145
Association of Civilian Technicians New York State Council and U.S. Dept. of Defense National Guard Bureau New York Division of Military and Naval Affairs Latham, New York, 0-NG-2373 (Decided September 29, 2000)
This case concerned a motion for reconsideration filed by the Union of the Authority's decision in 56 FLRA 444 (2000). In that case, the Authority dismissed the petition for review of the Union's proposed supplemental agreement.
Relying on section 2429.17 of its regulations, the Authority dismissed the motion for reconsideration after finding that the Union failed to establish the existence of extraordinary circumstances. The Authority noted that under section 2429.17 of its regulations, a party seeking reconsideration after the Authority has issued a final decision or order bears the heavy burden of establishing that extraordinary circumstances exist to justify this unusual action. The Authority further identified a limited number of situations in which extraordinary circumstances have been found to exist. These have included situations where a moving party has established that: (1) an intervening court decision or change in the law affected dispositive issues; (2) evidence, information or issues crucial to the decision had not been presented to the Authority; and (3) the Authority had erred in its remedial order, process, conclusion of law, or factual finding.
The Authority added that extraordinary circumstances may also be present when the moving party has not been given an opportunity to address an issue raised sua sponte by the Authority in rendering its decision. Mere disagreement with the Authority or attempts to relitigate conclusions reached by the Authority are insufficient to satisfy the extraordinary circumstances requirement.