[ v23 p765 ]
23:0765(98)AR
The decision of the Authority follows:
23 FLRA No. 98 GENERAL SERVICES ADMINISTRATION REGION 10 Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL 236 Union Case No. 0-AR-1051 (22 FLRA NO. 8) ORDER AMENDING DECISION I. STATEMENT OF THE CASE This matter is before the Authority on a motion filed by the Agency requesting the Authority to amend and clarify its decision in 22 FLRA No. 8. The Union filed a response to the Agency's motion and filed a cross motion also seeking clarification of the Authority's decision. II. BACKGROUND In its decision the Authority modified the Arbitrator's award that the grievant be given a rating of "outstanding" by directing that the followiing language be substituted for that in the award: Management shall reevaluate in accordance with the general performance appraisal system and Article 19 of the parties' National Agreement the grievant's performance for the period stipulated to and designated by the parties and shall apply that rating to the appraisal periods in question. In its decision the Authority construed the last sentence of page 12 of the Arbitrator's opinion and award as being the entire award. That sentence reads: "Accordingly, I shall order the Grievant be given a rating of outstanding for the two appraisal periods in question." Page 12 was the final page of the award in the record before the Authority. However, according to the parties' motions, the award contained a page 13 which reads as follows: AWARD I. It is the Award of your Arbitrator that Grievant Margaret Lien performed in an outstanding fashion during the appraisal periods June 1983 through May 1984 and June 1, 1984, through May 31, 1985. II. Accordingly, it is hereby ordered that she be given an overall rating of outstanding with respect to her performance in both periods. For reasons unknown, page 13 of the award was not contained in the record submitted to the Authority. III. ANALYSIS AND CONCLUSION Section 2429.17 of the Authority's Rules and Regulations provides in pertinent part: 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 10 days after service of the Authority's decision or order . . . . We find that in the situation described in the parties' motions, an extraordinary circumstance exists within the meaning of section 2429.17 of the Authority's Rules and Regulations. Therefore, the Authority has reconsidered its decision in 22 FLRA No. 8 in light of page 13 of the award. Upon review of page 13 of the award, the parties' motions, and our original decision, we conclude that our decision must be amended as set forth below. IV. Decision The Authority modifies its decision in 22 FLRA No. 8, June 6, 1986, by ordering that paragraphs I and II found on page 13 of the Arbitrator's award be struck and replaced by the substitute language ordered in the Authority's original decision. Issued, Washington, D.C. October 31, 1986. /s/ Jerry L. Calhoun, Chairman /s/ Henry B. Frazier III, Member /s/ Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY