Association of Civilian Technicians, Delaware Chapter (Union) and National Guard Bureau, Delaware National Guard (Activity)



[ v03 p57 ]
03:0057(9)NG
The decision of the Authority follows:


 3 FLRA No. 9
 
 ASSOCIATION OF CIVILIAN TECHNICIANS
 DELAWARE CHAPTER
 (Union)
 
 and
 
 NATIONAL GUARD BUREAU
 DELAWARE NATIONAL GUARD
 (Activity)
 
                                            Case No. O-NG-104
 
                      DECISION ON NEGOTIABILITY ISSUE
 
    THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY PURSUANT
 TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR MANAGEMENT
 RELATIONS STATUTE (5 U.S.C. 7101 ET SEG.).
 
                              UNION PROPOSAL
 
    SECTION 3.  POSITION ANNOUNCEMENT-- WHEN POSITIONS ARE ANNOUNCED,
 DISTRIBUTION OF THE
 
    ANNOUNCEMENTS WILL BE THROUGHOUT THE AREA OF CONSIDERATION AND WILL
 CONTAIN, AS A MINIMUM, THE
 
    FOLLOWING INFORMATION:
 
   .          .          .          .
 
 
    E.  AREA OF CONSIDERATION AS FOLLOWS
 
    (1) 1ST AREA-- ALL CIVILIAN TECHNICIANS
 
    (2) 2ND AREA-- ALL MEMBERS OF THE NATIONAL GUARD
 
    (3) 3RD AREA-- ALL OTHERS
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER THE UNION'S PROPOSAL CONCERNING THE FILLING
 OF VACANT POSITIONS IS A MATTER OUTSIDE THE DUTY TO BARGAIN ESTABLISHED
 BY THE FEDERAL SERVICE LABOR MANAGEMENT RELATIONS STATUTE OR VIOLATES
 SECTION 7106(A)(2)(C) OF THE STATUTE, /1/ AS ALLEGED BY THE AGENCY.
 
                                  OPINION
 
    CONCLUSION:  THE SUBJECT PROPOSAL IS WITHIN THE AGENCY'S DUTY TO
 BARGAIN UNDER THE STATUTE AND DOES NOT VIOLATE SECTION 7106(A)(2)(C)
 THEREOF.  ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S
 RULES AND REGULATIONS (45 FED.REG. 3482 ET SEQ.