BALCA En Banc Decision Summaries
RECONSIDERATION BY BALCA

NOTICE : These BALCA en decision summaries were created solely to assist BALCA staff in researching BALCA caselaw. The summaries are not part of the opinions and in no way constitute the official opinion of BALCA, the Office of Administrative Law Judges or the Department of Labor on any subject. The summaries should, under no circumstances, substitute for a party's own research into the statutory, regulatory, and case law authorities on any subject referred to therein. They are intended simply as a research tool, and are not intended as final legal authority and should not be cited or relied upon as such.

Authority to reconsider

Reconsideration by BALCA: BALCA has the inherent authority to reconsider its decisions. EDELWEISS MANUFACTURING COMPANY, INC. , 1987-INA-562 (Nov. 10, 1988) (en banc den recon)

Standard for determination of whether to reconsider

Reconsideration by BALCA: en banc decision: "Whether to reconsider in a particular case is left to the Board's discretion. Edelweiss Manufacturing Co., Inc., 1987-INA-562 (Nov. 10, 1988) (en banc)." EL RIO GRANDE , 1998-INA-133 (July 28, 2000) (recon en banc)

Reconsideration by BALCA: the decision of BALCA whether to reconsider a decision is a matter of discretion: BALCA declined to reconsider where Employer pointed out no flaw in the judicial process by which the Board reached its decision and did not allege that the Board overlooked some important fact. EDELWEISS MANUFACTURING COMPANY, INC. , 1987-INA-562 (Nov. 10, 1988) (en banc den recon)

Denial where motion merely reargues issues

Reconsideration by BALCA: En Banc decision: where a motion for reconsideration only reargues an issue which has already been fully considered, the motion will be denied. THE STANDARD OIL COMPANY , 1988-INA-77 (Dec. 20, 1989) (en banc den. recon)

Reconsideration by BALCA: en banc decision: summary denial where Board already considered and rejected employer's arguments. MASTER VIDEO PRODUCTIONS, INC. ,1988-INA-419 (May 31, 1989) (en banc den recon)

Evidence or argument not previously presented

Reconsideration by BALCA: en banc decision: Board declines to reconsider where motion based on facts and evidence which were not part of the record upon which the denial of certification was made. ATLANTIC SALES, INCORPORATED , 1988-INA-349 (Aug. 22, 1989) (en banc den recon)

Reconsideration by BALCA: en banc decision: issues not raised earlier: where the CO raised an issue that had not preserved in the Final Determination or briefed before the Board, the Board held that it would not entertain a motion for reconsideration on that issue. A dissent argued that the majority opinion had introduced the issue, and therefore the motion for reconsideration should have been entertained. CANADIAN NATIONAL RAILWAY CO. , 1990-INA-66 (Nov. 20, 1992) (en banc den recon)

Time period for filing

Reconsideration of en banc decision: applying FRCP 59(e) as made applicable by 29 CFR § 18.1(a) the Board held that "any motion to reconsider a decision and order, as opposed to a petition for en banc review, must be served within 10 days of issuance of the decision and order". LIGNOMAT USA, LTD. , 1988-INA-276 (Jan. 24, 1990) (en banc den recon)

Reconsideration by BALCA: en banc decision: timeliness: where the CO filed a motion for reconsideration one day outside the time period for filing such a motion (adding five days under section 18.4(a) because the decision was served by mail), the Board found that the motion was not timely filed. CANADIAN NATIONAL RAILWAY CO. , 1990-INA-66 (Nov. 20, 1992) (en banc den recon)

Standing of alien

Reconsideration by BALCA: en banc decision: standing of alien: the Board will not entertain an motion for reconsideration of an en banc decision filed only by the Alien. See 20 C.F.R. §656.26(a)(2) (1988). K SUPER KQ-1540 A.M. , 1988-INA-397 (May 31, 1989) (en banc den recon)