State of Nevada National Guard (Agency/Respondent) and National Association of Government Employees, Locals R12-130 and R12-145 (Unions/Charging Parties)
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07:0245(37)CA
The decision of the Authority follows:
7 FLRA No. 37 *********************************************************** FULL TEXT OF DECISION NOT AVAILABLE. [ NOTAVAILABLE$ ] **** The following denial for a request for reconsideration **** was found: *********************************************************** 7 FLRA No. 37 STATE OF NEVADA NATIONAL GUARD Agency/Respondent and NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCALS R12-130 AND R12-145 Unions/Charging Parties Case No. 9-CA-49 DENIAL OF MOTION FOR RECONSIDERATION AND MOTION FOR STAY THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION FOR RECONSIDERATION AND MOTION FOR STAY OF THE AUTHORITY'S DECISION IN STATE OF NEVADA NATIONAL GUARD, 7 FLRA NO. 37 (1981), FILED BY THE RESPONDENT. ON NOVEMBER 19, 1981, THE AUTHORITY ISSUED ITS DECISION AND ORDER IN THE ABOVE CASE, BASED UPON ITS FINDINGS AND CONCLUSIONS DERIVED FROM THE RECORD BEFORE THE AUTHORITY, INCLUDING THE PARTIES' STIPULATION OF FACTS. THE AUTHORITY FOUND THAT THE RESPONDENT HAD VIOLATED SECTION 7116(A)(1) AND (6) OF THE STATUTE BY ITS ACTIONS IN FAILING AND REFUSING TO COOPERATE IN AND COMPLY WITH A FEDERAL SERVICE IMPASSES PANEL DECISION AND ORDER, DATED APRIL 2, 1979. THE RESPONDENT HAS FILED A MOTION FOR RECONSIDERATION OF THE AUTHORITY'S DECISION CONTENDING, IN GENERAL, THAT THE AUTHORITY HAS MISCONSTRUED THE NATURE OF EMPLOYMENT OF THE NATIONAL GUARD TECHNICIANS AND HAS FAILED TO TAKE INTO ACCOUNT THE DIFFERENCES BETWEEN THE TECHNICIANS AND OTHER NON-TECHNICIAN FEDERAL EMPLOYEES. THE RESPONDENT ALSO HAS FILED A MOTION FOR STAY OF THE DECISION AND ORDER PENDING A DETERMINATION ON THE MOTION FOR RECONSIDERATION. THE GENERAL COUNSEL FILED AN OPPOSITION TO SUCH MOTIONS, AND BOTH PARTIES FILED REPLIES. NOTING PARTICULARLY THAT THE MATTERS RAISED IN THE MOTION FOR RECONSIDERATION ARE NOT SIGNIFICANTLY DIFFERENT FROM THOSE PREVIOUSLY CONSIDERED BY THE AUTHORITY IN REACHING ITS DECISION, THE AUTHORITY FINDS THAT THE RESPONDENT HAS FAILED TO ESTABLISH ANY EXTRAORDINARY CIRCUMSTANCES WHICH WOULD WARRANT RECONSIDERATION OF THE DECISION AND ORDER. /1/ IT FOLLOWS THAT THE RESPONDENT'S MOTION FOR STAY MUST ALSO BE DENIED. ACCORDINGLY, IT IS HEREBY ORDERED THAT THE RESPONDENT'S MOTIONS FOR RECONSIDERATION AND STAY IN THIS MATTER BE, AND THEY HEREBY ARE, DENIED. ISSUED, WASHINGTON, D.C., JULY 21, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES: --------------- /1/ SECTION 2429.17 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2429.17) PROVIDES: SEC. 2429.17 RECONSIDERATION. AFTER A FINAL DECISION OR ORDER OF THE AUTHORITY HAS BEEN ISSUED, A PARTY TO THE PROCEEDING BEFORE THE AUTHORITY WHO CAN ESTABLISH IN ITS MOVING PAPERS EXTRAORDINARY CIRCUMSTANCES FOR SO DOING, MAY MOVE FOR RECONSIDERATION OF SUCH FINAL DECISION OR ORDER. THE MOTION SHALL BE FILED WITHIN TEN (10) DAYS AFTER SERVICE OF THE AUTHORITY'S DECISION OR ORDER. A MOTION FOR RECONSIDERATION SHALL STATE WITH PARTICULARITY THE EXTRAORDINARY CIRCUMSTANCES CLAIMED AND SHALL BE SUPPORTED BY APPROPRIATE CITATIONS. THE FILING AND PENDENCY OF A MOTION UNDER THIS PROVISION SHALL NOT OPERATE TO STAY THE EFFECTIVENESS OF THE ACTION OF THE AUTHORITY, UNLESS SO ORDERED BY THE AUTHORITY. A MOTION FOR RECONSIDERATION NEED NOT BE FILED IN ORDER TO EXHAUST ADMINISTRATIVE REMEDIES.