National Association of Government Employees, Local R14-87 (Union) and State of Kansas Army National Guard (Activity); National Association of Government Employees, Locals R12-130 and R12-145 (Union) and State of Nevada National Guard (Activity) ; Association of Civilian Technicians, North and South Alabama Chapters (Union) and State of Alabama National Guard (Activity) 

 



[ v03 p853 ]
03:0853(124)NG
The decision of the Authority follows:


 3 FLRA No. 124
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R14-87
 (Union)
 
 and
 
 STATE OF KANSAS ARMY NATIONAL GUARD
 (Activity)
                                            Case No. 0-NG-12
 
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCALS R12-130 AND R12-145
 (Union)
 
 and
 
 STATE OF NEVADA NATIONAL GUARD
 (Activity)
                                            Case No. 0-NG-15
 
 
 ASSOCIATION OF CIVILIAN TECHNICIANS, NORTH AND
 SOUTH ALABAMA CHAPTERS
 (Union)
 
 and
 
 STATE OF ALABAMA NATIONAL GUARD
 (Activity)
                                            Case No. 0-NG-84
 
               CONSOLIDATED DECISION ON NEGOTIABILITY ISSUE
 
    THESE CASES COME BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE
 AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
 LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5 U.S.C. 7101 ET
 SEQ.).
 
    IN EACH OF THE ABOVE-CAPTIONED CASES, A SIMILAR ISSUE AROSE
 CONCERNING LIMITATIONS ON THE SCOPE OF THE NEGOTIATED GRIEVANCE
 PROCEDURE, NAMELY WHETHER APPEALS OF ADVERSE ACTIONS INVOLVING NATIONAL
 GUARD (NG) TECHNICIANS MUST, AS A MATTER OF LAW, BE SPECIFICALLY
 EXCLUDED FROM THE NEGOTIATED GRIEVANCE PROCEDURE.  THIS ISSUE AROSE IN
 NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R14-87 AND STATE OF
 KANSAS ARMY NATIONAL GUARD, CASE NO. O-GN-12, AND IN ASSOCIATION OF
 CIVILIAN TECHNICIANS, NORTH AND SOUTH ALABAMA CHAPTERS AND STATE OF
 ALABAMA NATIONAL GUARD, CASE NO. O-NG-84, DURING THE COURSE OF
 NEGOTIATIONS WHEN THE UNION INVOLVED SOUGHT TO NEGOTIATE A GRIEVANCE
 PROCEDURE WHICH DID NOT SPECIFICALLY EXCLUDE APPEALS OF ADVERSE ACTIONS
 OF NG TECHNICIANS.  /1/ THE ISSUE AROSE IN NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES, LOCALS R12-30 AND R12-145 AND STATE OF NEVADA
 NATIONAL GUARD, CASE NO. O-NG-15, WHEN AN EXECUTED CONTRACT BETWEEN THE
 PARTIES CONTAINING A GRIEVANCE PROCEDURE WHICH DID NOT SPECIFICALLY
 EXCLUDE APPEALS OF ADVERSE ACTIONS OF NG TECHNICIANS WAS DISAPPROVED BY
 THE AGENCY HEAD.  /2/ IN EACH OF THE THREE CASES THE AGENCY HEAD
 DETERMINED THAT APPEALS OF ADVERSE ACTIONS INVOLVING NG TECHNICIANS MUST
 BE EXCLUDED FROM THE PARTIES' NEGOTIATED GRIEVANCE PROCEDURE SINCE SUCH
 APPEALS ARE, BY VIRTUE OF SECTION 709(E) OF THE NATIONAL GUARD
 TECHNICIANS ACT OF 1968, OUTSIDE THE SCOPE AND COVERAGE OF THE PARTIES'
 NEGOTIATED GRIEVANCE PROCEDURE.  IN THIS REGARD, SECTION 709(E) OF THE
 NATIONAL GUARD TECHNICIANS ACT OF 1968 (32 U.S.C. 709(E)) PROVIDES AS
 FOLLOWS:
 
    (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND UNDER REGULATIONS
 PRESCRIBED BY THE
 
    SECRETARY CONCERNED--
 
    (1) A TECHNICIAN WHO IS EMPLOYED IN A POSITION IN WHICH NATIONAL
 GUARD MEMBERSHIP IS
 
    REQUIRED AS A CONDITION OF EMPLOYMENT AND WHO IS SEPARATED FROM THE
 NATIONAL GUARD OR CEASES
 
    TO HOLD THE MILITARY GRADE SPECIFIED FOR HIS POSITION BY THE
 SECRETARY CONCERNED SHALL BE
 
    PROMPTLY SEPARATED FROM HIS TECHNICIAN EMPLOYMENT BY THE ADJUTANT
 GENERAL OF THE JURISDICTION
 
    CONCERNED;
 
    (2) A TECHNICIAN WHO IS EMPLOYED IN A POSITION IN WHICH NATIONAL
 GUARD MEMBERSHIP IS
 
    REQUIRED AS A CONDITION OF EMPLOYMENT AND WHO FAILS TO MEET THE
 MILITARY SECURITY STANDARDS
 
    ESTABLISHED BY THE SECRETARY CONCERNED FOR A MEMBER OF A RESERVE
 COMPONENT OF THE ARMED FORCE
 
    UNDER HIS JURISDICTION MAY BE SEPARATED FROM HIS EMPLOYMENT AS A
 TECHNICIAN AND CONCURRENTLY
 
    DISCHARGED FROM THE NATIONAL GUARD BY THE ADJUTANT GENERAL OF THE
 JURISDICTION CONCERNED;
 
    (3) A TECHNICIAN MAY, AT ANY TIME, BE SEPARATED FROM HIS TECHNICIAN
 EMPLOYMENT FOR CAUSE BY
 
    THE ADJUTANT GENERAL OF THE JURISDICTION CONCERNED;
 
    (4) A REDUCTION IN FORCE, REMOVAL, OR AN ADVERSE ACTION INVOLVING
 DISCHARGE FROM TECHNICIAN
 
    EMPLOYMENT, SUSPENSION, FURLOUGH WITHOUT PAY, OR REDUCTION IN RANK OR
 COMPENSATION SHALL BE
 
    ACCOMPLISHED BY THE ADJUTANT GENERAL OF THE JURISDICTION CONCERNED;
 
    (5) A RIGHT OF APPEAL WHICH MAY EXIST WITH RESPECT TO CLAUSE (1),
 (2), (3), OR (4) SHALL
 
    NOT EXTEND BEYOND THE ADJUTANT GENERAL OF THE JURISDICTION CONCERNED;
  AND
 
    (6) A TECHNICIAN SHALL BE NOTIFIED IN WRITING OF THE TERMINATION OF
 HIS EMPLOYMENT AS A
 
    TECHNICIAN AND SUCH NOTIFICATION SHALL BE GIVEN AT LEAST THIRTY DAYS
 PRIOR TO THE TERMINATION
 
    DATE OF SUCH EMPLOYMENT.
 
    INASMUCH AS A RESOLUTION OF EACH OF THE THREE APPEALS DEPENDS UPON A
 DECISION WITH RESPECT TO THE SAME ISSUE WHICH THEY ALL SHARE, THE
 AUTHORITY'S ACTION WITH RESPECT TO EACH SUCH APPEAL IS EXPRESSED IN THE
 INSTANT CONSOLIDATED DECISION WHICH APPLIES INDIVIDUALLY TO EACH OF
 THEM.
 
                    QUESTION HERE BEFORE THE AUTHORITY
 
    THE QUESTION IS WHETHER, AS ALLEGED BY THE AGENCY, THE GRIEVANCE
 PROCEDURES HERE IN DISPUTE ARE OUTSIDE THE DUTY TO BARGAIN UNDER SECTION
 7121 OF THE STATUTE BECAUSE SUCH PROCEDURES FAIL TO EXPRESSLY EXCLUDE
 APPEALS OF ADVERSE ACTIONS INVOLVING NG TECHNICIANS.  SECTION 7121 OF
 THE STATUTE PROVIDES, IN PERTINENT PART, AS FOLLOWS:
 
    SEC. 7121.  GRIEVANCE PROCEDURES
 
    (A)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, ANY
 COLLECTIVE BARGAINING
 
    AGREEMENT SHALL PROVIDE PROCEDURES FOR THE SETTLEMENT OF GRIEVANCES,
 INCLUDING QUESTIONS OF
 
    ARBITRABILITY.  EXCEPT AS PROVIDED IN SUBSECTION (D) AND (E) OF THIS
 SECTION, THE PROCEDURES
 
    SHALL BE THE EXCLUSIVE PROCEDURES FOR RESOLVING GRIEVANCES WHICH FALL
 WITHIN ITS COVERAGE.
 
    (2) ANY COLLECTIVE BARGAINING AGREEMENT MAY EXCLUDE ANY MATTER FROM
 THE APPLICATION OF THE
 
    GRIEVANCE PROCEDURES WHICH ARE PROVIDED FOR IN THE AGREEMENT.
 
   *          *          *          *
 
 
    (C) THE PRECEDING SUBSECTIONS OF THIS SECTION SHALL NOT APPLY WITH
 RESPECT TO ANY GRIEVANCE
 
    CONCERNING--
 
    (1) ANY CLAIMED VIOLATION OF SUBCHAPTER III CHAPTER 73 OF THIS TITLE
 (RELATING TO
 
    PROHIBITED POLITICAL ACTIVITIES);
 
    (2) RETIREMENT, LIFE INSURANCE, OR HEALTH INSURANCE;
 
    (3) A SUSPENSION OR REMOVAL UNDER SECTION 7532 OF THIS TITLE;
 
    (4) ANY EXAMINATION, CERTIFICATION, OR APPOINTMENT;  OR
 
    (5) THE CLASSIFICATION OF ANY POSITION WHICH DOES NOT RESULT IN THE
 REDUCTION IN GRADE OR
 
    PAY OF AN EMPLOYEE.
 
                                  OPINION
 
    CONCLUSION:  THE GRIEVANCE PROCEDURES HERE IN DISPUTE ARE WITHIN THE
 DUTY TO BARGAIN UNDER SECTION 7121 OF THE STATUTE.  ACCORDINGLY,
 PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5
 CFR 2424.10) THE AGENCY'S ALLEGATIONS THAT THE DISPUTED PROCEDURES ARE
 NOT WITHIN THE DUTY TO BARGAIN ARE SET ASIDE.  IN SO DECIDING THAT THE
 DISPUTED GRIEVANCE PROCEDURES ARE WITHIN THE DUTY TO BARGAIN, NO
 JUDGMENT IS MADE AS TO THE MERITS OF SUCH PROCEDURES.
 
    REASONS:  AS PREVIOUSLY INDICATED, EACH OF THE THREE GRIEVANCE
 PROCEDURES HERE IN DISPUTE WAS DETERMINED TO BE OUTSIDE THE DUTY TO
 BARGAIN UNDER SECTION 7121 OF THE STATUTE BECAUSE OF THE ABSENCE OF
 EXPRESS LANGUAGE EXCLUDING FROM COVERAGE OF THOSE GRIEVANCE PROCEDURES
 CERTAIN MATTERS CLAIMED BY THE AGENCY TO BE OUTSIDE OF THE APPLICATION
 OF THE NEGOTIATED GRIEVANCE PROCEDURES AS A MATTER OF LAW.  MORE
 SPECIFICALLY, THE AGENCY CLAIMS THAT AS THE GRIEVANCE PROCEDURES HERE IN
 DISPUTE WOULD INCLUDE APPEALS OF ADVERSE ACTIONS OF NG TECHNICIANS, THE
 PROPOSED PROCEDURES WOULD VIOLATE SECTION 709(E) OF THE NATIONAL GUARD
 TECHNICIANS ACT OF 1968 "WHICH DESIGNATES THE ADJUTANT GENERAL OF THE
 STATE AS THE FINAL ARBITER OF SUCH DISPUTES." FOR THE REASONS STATED
 BELOW, THE AGENCY'S CONTENTIONS THAT THE DISPUTED GRIEVANCE PROCEDURES
 ARE NOT WITHIN THE DUTY TO BARGAIN CANNOT BE SUSTAINED.  IN SO HOLDING,
 IT IS UNNECESSARY TO REACH, AND THEREFORE NO RULING IS MADE ON THE
 AGENCY'S CLAIM, AT THE MATTERS WHICH THE AGENCY ASSERTS MUST EXPRESSLY
 BE EXCLUDED FROM THE GRIEVANCE PROCEDURES ARE BY LAW NONGRIEVABLE AND
 NONARBITRABLE.
 
    IN AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3669
 AND VETERANS ADMINISTRATION MEDICAL CENTER, MINNEAPOLIS, MINNESOTA, CASE
 NO. O-NG-32, 3 FLRA NO.  48 (MAY 30, 1980), THE AUTHORITY REJECTED AN
 AGENCY CONTENTION THAT A PROPOSED GRIEVANCE PROCEDURE WAS NOT WITHIN THE
 DUTY TO BARGAIN BECAUSE IT DID NOT EXPRESSLY EXCLUDE CERTAIN MATTERS
 WHICH WERE ALLEGED TO BE OUTSIDE THE SCOPE AND COVERAGE OF THE PARTIES'
 NEGOTIATED AGREEMENT BY OPERATION OF LAW AND REGULATIONS.  IN SO
 CONCLUDING, THE AUTHORITY, RELYING UPON THE DEFINITION OF "GRIEVANCE" IN
 SECTION 7103(A)(9) OF THE STATUTE AS WELL AS THE LANGUAGE AND
 LEGISLATIVE HISTORY OF SECTION 7121(A) IN ITS ENTIRETY, /3/ STATED AS
 FOLLOWS:
 
    IN SUM, CONGRESS CLEARLY INTENDED THAT THE SCOPE AND COVERAGE OF A
 NEGOTIATED GRIEVANCE
 
    PROCEDURE SHALL EXTEND TO ALL MATTERS WHICH "UNDER THE PROVISIONS OF
 LAW" COULD BE COVERED
 
    UNLESS THE PARTIES AGREED THROUGH THE COLLECTIVE BARGAINING PROCESS
 TO A PROCEDURE HAVING A
 
    NARROWER COVERAGE.  CONGRESS CLEARLY DID NOT, HOWEVER, MANDATE THAT,
 TO FALL WITHIN THE DUTY
 
    TO BARGAIN, EACH PROPOSED GRIEVANCE PROCEDURES MUST ENUMERATE ALL OR
 SOME OF THE MATTERS WHICH
 
    "UNDER THE PROVISIONS OF LAW" COULD NOT BE SO COVERED.  SUCH A
 REQUIREMENT WOULD BE REDUNDANT
 
    AND WITHOUT LEGAL SIGNIFICANCE SINCE, AS INDICATED, SECTION 7121, AS
 EXPLAINED BY THE
 
    COMMITTEE ON CONFERENCE, ALREADY PROVIDES THAT NEGOTIATED GRIEVANCE
 PROCEDURES COVER, AT A
 
    MAXIMUM, MATTERS WHICH UNDER PROVISIONS OF LAW COULD BE SUBMITTED TO
 THE PROCEDURES.
 
    THE AUTHORITY FURTHER INDICATED THAT:
 
    IF THE AGENCY BELIEVES THAT, AS A MATTER OF LAW, CERTAIN MATTERS ARE
 NONGRIEVABLE AND
 
    NONARBITRABLE, GRIEVANCES WHICH MIGHT BE FILED WITH RESPECT TO THEM
 MAY BE CHALLENGED BY THE
 
    AGENCY AS NONGRIEVABLE OR NONARBITRABLE, IN THE CONTEXT OF SPECIFIC
 FACTUAL CIRCUMSTANCES.  IN
 
    THIS REGARD, SECTION 7121(A) OF THE STATUTE REQUIRES THE PARTIES TO
 "PROVIDE PROCEDURES FOR
 
    THE SETTLEMENT OF GRIEVANCES, INCLUDING QUESTIONS OF ARBITRABILITY .
 . . " FURTHERMORE, IF AN
 
    ARBITRATOR WERE TO RENDER AN AWARD INVOLVING THE MATTERS WHICH "UNDER
 THE PROVISIONS OF
 
    LAW" MAY NOT BE COVERED BY NEGOTIATED GRIEVANCE PROCEDURES, THE
 AGENCY WOULD HAVE AN
 
    OPPORTUNITY TO CHALLENGE THE AWARD BY FILING EXCEPTIONS THERETO WITH
 THE AUTHORITY PURSUANT TO
 
    SECTION 7122 OF THE STATUTE (92 STAT. 1212) ON THE BASIS THAT THE
 AWARD IS "CONTRARY TO ANY
 
    LAW, RULE OR REGULATION."
 
    CONSEQUENTLY, BASED ON THE RATIONALE CONTAINED IN THE VETERANS
 ADMINISTRATION MEDICAL CENTER, MINNEAPOLIS, MINNESOTA, CASE, SUPRA, WE
 HOLD THAT THE DISPUTED GRIEVANCE PROCEDURES IN THE INSTANT CASES ARE
 MATTERS WITHIN THE AGENCY'S DUTY TO BARGAIN UNDER STATUTE.  ACCORDINGLY,
 THE AGENCY'S ALLEGATIONS THAT SUCH GRIEVANCE PROCEDURES ARE NOT WITHIN
 THE DUTY TO BARGAIN BECAUSE OF THE FAILURE TO EXPRESSLY EXCLUDE CERTAIN
 MATTERS FROM SUCH PROCEDURES, ARE SET ASIDE.
 
    ISSUED, WASHINGTON, D.C., JULY 31, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
                                 APPENDIX
 
    PROPOSAL SUBMITTED IN NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
 LOCAL R14-87 AND STATE OF KANSAS NATIONAL GUARD, CASE NO. O-NG-12
 
                                ARTICLE XIV
 
    SECTION 1.  AMEND TO READ:
 
    THE PURPOSE OF THIS ARTICLE IS TO PROVIDE PROCEDURES FOR THE
 CONSIDERATION OF GRIEVANCES.  THIS PROCEDURE IS THE EXCLUSIVE PROCEDURE
 AVAILABLE TO THE EMPLOYER, THE UNION AND EMPLOYEES IN THE UNIT FOR
 RESOLVING GRIEVANCES.  A GRIEVANT SHALL BE ASSURED FREEDOM FROM
 RESTRAINT, INTERFERENCE, COERCION, DISCRIMINATION OR REPRISAL.  FURTHER,
 NOTHING IN THIS ARTICLE SHALL PROHIBIT THE EMPLOYEE, EMPLOYER, OR THE
 UNION FROM SEEKING A JUDICIAL RULING FROM THE APPROPRIATE COURTS OF THE
 LAND.
 
    SECTION 3.  AMEND TO READ:
 
    A QUESTION THAT CANNOT BE RESOLVED BY THE EMPLOYER AND UNION AS TO
 WHETHER OR NOT A PARTICULAR GRIEVANCE IS ON A MATTER SUBJECT TO
 ARBITRATION IS ITSELF, SUBJECT TO ARBITRATION.
 
    SECTION 13.D.  AMEND TO READ:
 
    EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS/APPEALS AND CLASSIFICATION
 ACTIONS ARE EXCLUDED FROM THE GRIEVANCE AND ARBITRATION PROCEDURES.
 
    SECTION 13.F.  AMEND TO READ:
 
    THE ARBITRATORS AWARD WILL NOT ADD TO, DETRACT FROM, OR MODIFY THE
 TERMS OF THIS CONTRACT AND WILL BE BINDING ON THE PARTIES.  HOWEVER,
 EITHER PARTY MAY FILE AN EXCEPTION TO AN AWARD WITH THE FEDERAL LABOR
 RELATIONS AUTHORITY UNDER APPLICABLE DOCUMENTS AS REQUIRED BY REGULATION
 OR PROCEDURES.
 
    PROPOSAL SUBMITTED IN ASSOCIATION OF CIVILIAN TECHNICIANS, NORTH AND
 SOUTH ALABAMA CHAPTERS AND STATE OF ALABAMA NATIONAL GUARD, CASE NO.
 O-NG-84
 
                             GRIEVANCE SYSTEM
 
    SECTION 1.  THE PURPOSE OF THE GRIEVANCE PROCEDURE IS TO PROVIDE FOR
 A MUTUALLY SATISFACTORY METHOD FOR PROMPT SETTLEMENT OF ANY EMPLOYEE
 GRIEVANCE.  GRIEVANCES MAY BE INITIATED BY EMPLOYEES EITHER SINGLY OR
 JOINTLY, OR MAY BE INITIATED BY THE LABOR ORGANIZATION.  THE UNION MAY
 PRESENT A GRIEVANCE IN BEHALF OF AN EMPLOYEE OR GROUP OF EMPLOYEES IF
 THEY ARE REQUESTED BY AN EMPLOYEE, OR EMPLOYEES, TO ACT FOR THE
 EMPLOYEE(S).
 
    SECTION 2.  EMPLOYEES ARE ENTITLED TO REPRESENTATION BY THE LABOR
 ORGANIZATION FROM THE INITIAL POINT OF ACTION WHICH LEADS TO A
 GRIEVANCE.  THIS PROCEDURE IS THE EXCLUSIVE MEANS AVAILABLE TO THE
 PARTIES AND THE EMPLOYEES IN THE UNIT FOR RESOLVING ALL GRIEVANCES, WITH
 THE FOLLOWING EXCEPTIONS:
 
    (A) AN EMPLOYEE AFFECTED BY A PROHIBITED PERSONNEL PRACTICE OF
 DISCRIMINATION, AND;  (B) AN EMPLOYEE AFFECTED BY ADVERSE ACTION BASED
 ON "UNACCEPTABLE PERFORMANCE" APPRAISAL, MAY IN EITHER CASE, AT HIS
 DISCRETION, FILE A GRIEVANCE UNDER THIS PROCEDURE OR APPEAL TO THE MERIT
 SYSTEMS PROTECTION BOARD.
 
    ANY EMPLOYEE OR GROUP OF EMPLOYEES MAY PRESENT SUCH GRIEVANCES TO THE
 AGENCY AND HAVE THEM ADJUSTED, PROVIDING THE ADJUSTMENT IS NOT
 INCONSISTENT WITH THE TERMS OF THE AGREEMENT AND THE EXCLUSIVE
 REPRESENTATIVE HAS THE OPPORTUNITY TO BE PRESENT DURING THE GRIEVANCE
 PROCEEDING, AND AT THE ADJUSTMENT.
 
    SECTION 3.  A GRIEVANCE IS ANY COMPLAINT BY ANY EMPLOYEE CONCERNING
 ANY MATTER RELATING TO THE EMPLOYMENT OF AN EMPLOYEE;  BY ANY LABOR
 ORGANIZATION CONCERNING ANY MATTER RELATING TO THE EMPLOYMENT OF ANY
 EMPLOYEE;  OR BY ANY EMPLOYEE, LABOR ORGANIZATION, OR AGENCY CONCERNING
 THE EFFECT OR INTERPRETATION, OR A CLAIM OF VIOLATION OF A COLLECTIVE
 BARGAINING AGREEMENT;  OR ANY CLAIMED VIOLATION, MISINTERPRETATION, OR
 MISAPPLICATION OF ANY LAW, RULE, OR REGULATION AFFECTING CONDITIONS OF
 EMPLOYMENT.  FOR THE PURPOSE OF THIS AGREEMENT THE TERMS "FORMAL" AND
 "INFORMAL" ARE USED AS FOLLOWS:
 
    (A) INFORMAL STAGE:  (1) A DISCUSSION, OR WRITING, OR BOTH, OF THE
 GRIEVANCE WITH THE IMMEDIATE SUPERVISOR, IF THE AGGRIEVED IS AN
 EMPLOYEE, OR THE LABOR ORGANIZATION INITIATES A GRIEVANCE ON BEHALF OF
 THE EMPLOYEE OR EMPLOYEES;
 
    (2) A DISCUSSION, OR WRITING, OR BOTH, OF THE GRIEVANCE WITH THE
 SUPERVISOR/MANAGEMENT OFFICIAL AT WHOM THE GRIEVANCE IS DIRECTED, IF THE
 AGGRIEVED IS THE UNION.
 
    (B) FORMAL STATE:  A GRIEVANCE IN WRITING TO THE NEXT HIGHEST LEVEL
 SUPERVISOR ABOVE THE IMMEDIATE SUPERVISOR, WHO CAN ADJUST THE GRIEVANCE,
 AFTER THE INFORMAL STAGE HAS BEEN COMPLETED.
 
    SECTION 3.  IT IS THE POLICY OF THE ALABAMA NATIONAL GUARD TECHNICIAN
 PROGRAM THAT ALL EMPLOYEES BE TREATED FAIRLY AND EQUITABLY IN ALL
 RESPECTS AND THAT THOSE WHO FEEL THEY HAVE NOT BEEN SO TREATED, HAVE A
 RIGHT TO PRESENT THEIR GRIEVANCE FOR PROMPT CONSIDERATION AND EQUITABLE
 DECISION.  IN EXERCISING THIS RIGHT THE EMPLOYEE AND HIS REPRESENTATIVE,
 WILL BE UNIMPEDED AND FREE FROM RESTRAINT, COERCION, DISCRIMINATION OR
 REPRISAL.
 
    SECTION 4 FOR THE PURPOSE OF PRESENTING GRIEVANCES UNDER THE
 PROVISIONS OF THIS PLAN THE SUPERVISORY CHANNELS LISTED BELOW WILL BE
 FOLLOWED:
 
    STEP 1-- FIRST LEVEL (IMMEDIATE) SUPERVISOR (INFORMAL STATE)
 
    STEP 2-- SECOND LEVEL SUPERVISOR (FORMAL STAGE)
 
    STEP 3-- THE ADJUTANT GENERAL (FORMAL STAGE)
 
    A.  STEP 1-- THE INFORMAL GRIEVANCE SHALL FIRST BE TAKEN UP ORALLY
 AND/OR IN WRITING BY THE EMPLOYEE WITH HIS/HER IMMEDIATE SUPERVISOR.
 THE SUPERVISOR CANNOT REJECT THE INFORMAL GRIEVANCE, AND MUST MAKE EVERY
 EFFORT TO RESOLVE IT.  THE EMPLOYEE, IF HE/SHE CHOOSES, MAY BE
 ACCOMPANIED BY A UNION REPRESENTATIVE.
 
    THE INFORMAL GRIEVANCE MAY BE FILED OVER A SPECIFIC INCIDENT, OR OVER
 ACTIONS OF MANAGEMENT WHICH OCCUR ON A CONTINUING BASIS.  A GRIEVANCE
 OVER A SPECIFIC INCIDENT MUST BE INITIATED WITHIN TWENTY (20) WORK DAYS
 AFTER THE DATE THE INCIDENT OCCURRED, OR FROM THE DATE THE EMPLOYEE HAD
 FIRST KNOWLEDGE OF THE INCIDENT.  IF THE GRIEVANCE IS SENT THROUGH THE
 MAIL, IT WILL BE CONSIDERED TIMELY IF THE POSTMARK IS WITHIN 20 DAYS OF
 THE SPECIFIED INCIDENT.
 
    A GRIEVANCE OVER MANAGEMENT ACTION WHICH OCCURS ON A CONTINUING BASIS
 MAY BE FILED AT ANY TIME.  WITHIN THREE (3) WORK DAYS THE SUPERVISOR
 SHALL RENDER HIS DECISION IN WRITING TO THE EMPLOYEE.
 
    B.  STEP 2-- IF THE GRIEVANCE HAS NOT BEEN RESOLVED TO THE
 SATISFACTION OF THE EMPLOYEE BY THIS DECISION, HE MAY, WITHIN TEN (10)
 WORK DAYS, PRESENT THE GRIEVANCE IN WRITING UPON A COMPLETED GRIEVANCE
 FORM, TO THE NEXT LEVEL SUPERVISOR WHO CAN ADJUST THE GRIEVANCE,
 CONTAINING THE FOLLOWING INFORMATION:
 
    (1) THE SPECIFICS OF THE MATTER OF THE GRIEVANCE
 
    (2) THE STATEMENT THAT THE INFORMAL STAGE HAS BEEN PROCESSED
 
    (3) THE DECISION OF THE SUPERVISOR AT THE INFORMAL STAGE OF THE
 GRIEVANCE
 
    (4) THE PERSONAL RELIEF SOUGHT
 
    (5) DATE INFORMAL GRIEVANCE WAS INITIATED;  DATE OF SUPERVISOR'S
 REPLY;  DATE OF FORMAL
 
    GRIEVANCE;  SIGNATURE, AND POSITION HELD BY EMPLOYEE;  LOCATION OF
 EMPLOYMENT.
 
    THE SUPERVISOR WILL, WITHIN THREE (3) WORK DAYS GIVE HIS DECISION TO
 THE EMPLOYEE IN WRITING.
 
    C.  STEP 3-- IF THE DECISION OF THE SECOND LEVEL SUPERVISOR DOES NOT
 SATISFACTORILY SETTLE THE GRIEVANCE, THE EMPLOYEE, OR HIS REPRESENTATIVE
 UPON THE EMPLOYEE'S REQUEST, MAY FORWARD THE GRIEVANCE TO THE ADJUTANT
 GENERAL WITHIN TEN (10) WORK DAYS, INCLUDING THE LAST DECISION BY THE
 SUPERVISOR, AND ANY OTHER PERTINENT MATERIAL.  THE ADJUTANT GENERAL WILL
 RENDER HIS DECISION WITHIN FIFTEEN (15) WORK DAYS AFTER RECEIPT OF THE
 GRIEVANCE.
 
    SECTION 5.  EXCEPTION TO THE SUPERVISORY CHANNELS UNDER SECTION 4, OF
 THIS ARTICLE:  IF THE CAUSE OF THE GRIEVANCE IS A DISSATISFACTION, OR A
 DIFFERENCE BETWEEN THE EMPLOYEE AND THE IMMEDIATE SUPERVISOR (STEP 1),
 THE EMPLOYEE IS ENTITLED TO TAKE THE INFORMAL (STEP 1) GRIEVANCE TO THE
 NEXT HIGHEST LEVEL SUPERVISOR WHO CAN ADJUST THE GRIEVANCE.
 
    ARBITRATION
 
    ARBITRATION WILL BE USED TO SETTLE UNRESOLVED GRIEVANCES ARISING
 UNDER THIS PROCEDURE, AND MAY BE INVOKED ONLY BY THE EMPLOYER OR THE
 LABOR ORGANIZATION, AND MUST BE INITIATED WITHIN TEN (10) WORKING DAYS
 OF THE ADJUTANT GENERAL'S DECISION ON THE GRIEVANCE.
 
    THE UNION WILL HAVE THE OPTION TO DETERMINE WHETHER IT DEEMS IT
 ADVISABLE TO PROCEED TO ARBITRATION ON BEHALF OF THE EMPLOYEE, BASED ON
 THE MERITS OF THE GRIEVANCE.
 
    A.  THE PARTY REQUESTING ARBITRATION WILL ASK THE FEDERAL MEDIATION
 AND CONCILIATION SERVICE TO PROVIDE A LIST OF SEVEN (7) AVAILABLE
 ARBITRATORS AND CONCURRENTLY INFORM THE OTHER PARTY OF ITS INTENT.  THE
 PARTIES WILL ALTERNATELY STRIKE ONE ARBITRATOR FROM THE LIST UNTIL ONLY
 ONE REMAINS, WHO WILL BE REQUESTED TO HEAR THE COMPLAINT.  A COIN TOSS
 WILL DETERMINE WHICH PARTY STRIKES FIRST.
 
    B.  THE ARBITRATOR'S FEE AND ANY NECESSARY PER DIEM, AND TRAVEL
 EXPENSES SHALL BE SHARED BY THE UNION AND THE EMPLOYER.  THE ARBITRATION
 HEARING SHALL ORDINARILY BE HELD DURING THE REGULAR DUTY WORK HOURS
 MONDAY THROUGH FRIDAY, AND ALL EMPLOYEE APPELLANTS, EMPLOYEE WITNESSES,
 AND UNION REPRESENTATIVES SHALL BE IN PAY STATUS WITHOUT CHARGE TO
 ANNUAL LEAVE WHILE PARTICIPATING IN ARBITRATION PROCEEDINGS IF THEY
 WOULD OTHERWISE BE IN DUTY STATUS.
 
    C.  THE ARBITRATOR WILL BE REQUESTED TO RENDER HIS DECISION AS
 QUICKLY AS POSSIBLE, BUT IN ANY EVENT, NO LATER THAN 30 CALENDAR DAYS
 AFTER THE CONCLUSION OF THE HEARING, UNLESS THE PARTIES OTHERWISE AGREE.
 
    E.  THE FINDINGS OF THE ARBITRATOR SHALL BE BINDING.  HOWEVER, THE
 PARTIES ARE ENTITLED TO OBTAIN JUDICIAL REVIEW OF THE ARBITRATOR'S ORDER
 OR DECISION.
 
    THE PROVISION IN NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL
 R12-30 AND R12-145 AND STATE OF NEVADA NATIONAL GUARD, CASE NO. O-NG-15
 
                                ARTICLE XIX
 
                   GRIEVANCE AND ARBITRATION PROCEDURES
 
    SECTION 1.  THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH A GRIEVANCE
 PROCEDURE APPLICABLE ONLY TO THE UNIT(S) FOR THE CONSIDERATION OF
 GRIEVANCES.  QUESTIONS INVOLVING INTERPRETATION OF PUBLISHED AGENCY
 POLICIES OR REGULATIONS, MATTERS OVER WHICH THE EMPLOYER DOES NOT HAVE
 DISCRETIONARY AUTHORITY, PROVISIONS OF LAW, OR REGULATIONS OF
 APPROPRIATE AUTHORITY OUTSIDE THE AGENCY WILL NOT BE SUBJECT TO
 NEGOTIATED GRIEVANCE AND ARBITRATION PROCEDURE REGARDLESS OF WHETHER
 SUCH POLICIES, LAWS, OR REGULATIONS ARE QUOTED, CITED, OR OTHERWISE
 INCORPORATED OR REACHED IN THE AGREEMENT PROVIDE THAT HIGHER AGENCY
 POLICY AND REGULATIONS ARE NOT IN CONFLICT WITH THIS AGREEMENT.  THIS
 PROCEDURE SHALL BE THE EXCLUSIVE PROCEDURE AVAILABLE TO THE PARTIES AND
 THE TECHNICIAN(S) IN THE UNIT(S) FOR RESOLVING GRIEVANCES.
 TECHNICIAN(S) IN THE UNIT(S) MAY HAVE THEIR GRIEVANCES ADJUDICATED IN
 ACCORDANCE WITH SECTION 2 OF THIS ARTICLE WITHOUT THE INTERVENTION OF
 THE EXCLUSIVE REPRESENTATIVE, IF THE TECHNICIAN(S) DESIRES, SO LONG AS
 THE EXCLUSIVE REPRESENTATIVE IS GIVEN AN OPPORTUNITY TO BE PRESENT AT
 THE TIME OF THE ADJUSTMENT AND THE ADJUSTMENT IS NOT INCONSISTENT WITH
 THE TERMS OF THE AGREEMENT.  QUESTIONS THAT CANNOT BE RESOLVED AS TO
 WHETHER OR NOT THE GRIEVANCE IS ON A MATTER SUBJECT TO THIS GRIEVANCE
 PROCEDURE MAY BE REFERRED TO THE ASSISTANT SECRETARY FOR DECISION.
 
    SECTION 2.  DISAGREEMENT BETWEEN THE NAGE AND THE EMPLOYER, OR
 BETWEEN TECHNICIAN(S) OF THE UNIT(S) AND THE EMPLOYER OVER THE
 APPLICATION OR INTERPRETATIONS OF THIS AGREEMENT MUST BE RESOLVED
 UTILIZING THE FOLLOWING PROCEDURES IN SEQUENCE PRESENTED HEREIN.
 SERIOUS ATTEMPTS WILL BE MADE TO SETTLE DISAGREEMENTS AT THE LOWEST
 POSSIBLE LEVEL.  NOTHING IN THIS AGREEMENT WILL SERVE TO DENY ANY
 TECHNICIAN IN THE UNIT(S) THE RIGHT TO FILE A GRIEVANCE OVER ANY OTHER
 MATTER FOR WHICH A GRIEVANCE PROCEDURE HAS BEEN ESTABLISHED UNDER LAW OR
 REGULATION, EXCEPT THAT A TECHNICIAN MAY USE ONLY ONE (1) OF THE
 PROCEDURES AVAILABLE, I.E., NEGOTIATED PROCEDURE OF THOSE ESTABLISHED
 UNDER LAW OR REGULATION.  GRIEVANCES WILL BE PROCESSED IN ACCORDANCE
 WITH THE FOLLOWING STEPS.
 
    STEP 1. A GRIEVANCE, TO BE PURSUED UNDER THIS NEGOTIATED PROCEDURE,
 MUST BE PRESENTED TO A TECHNICIAN'S IMMEDIATE SUPERVISOR OR TO THE
 LOWEST LEVEL OF SUPERVISION HAVING AUTHORITY TO GRANT THE DECISION BEING
 REQUESTED.  THE PRESENTATION MAY BE ORAL AND MUST BE PRESENTED BY A
 TECHNICIAN OR THE NAGE WITHIN FIFTEEN (15) CALENDAR DAYS AFTER RECEIPT
 OF THE NOTICE OF THE ACTION OR OCCURRENCE.
 
    IN UNUSUAL CIRCUMSTANCES AND WHEN CONDITIONS WARRANT, TIME LIMITS FOR
 PRESENTATION OR APPEAL MAY BE WAIVED AT THE OPTION OF THE TECHNICIAN
 PERSONNEL OFFICER.  THE SUPERVISOR INVOLVED WILL DISCUSS THE MATTER WITH
 THE TECHNICIAN AND ANYONE ELSE CONSIDERED BY THE SUPERVISOR TO HAVE
 INFORMATION PERTINENT TO THE RESOLUTION.  THE SUPERVISOR WILL ADVISE THE
 AGGRIEVED TECHNICIAN OR THE NAGE REPRESENTATIVE WHO PRESENTED THE
 GRIEVANCE OF HIS DECISION WITHIN FIVE (5) WORKING DAYS FROM THE DATE THE
 GRIEVANCE WAS FIRST PRESENTED.  IF THE GRIEVANCE WAS PRESENTED ORALLY,
 THE DECISION WILL BE ORAL, HOWEVER, A MEMORANDUM WILL BE PREPARED BY THE
 SUPERVISOR OUTLINING THE GRIEVANCE AND HIS DECISION.  A COPY OF THE
 MEMORANDUM WILL BE FURNISHED THE INDIVIDUAL(S) AND THE TECHNICIAN
 PERSONNEL OFFICE.  IF THE GRIEVANCE WAS PRESENTED IN WRITING THE
 DECISION WILL BE IN WRITING.
 
    STEP 2.
 
    A.  IF THE PERSON OR PARTY SUBMITTING THE GRIEVANCE IS NOT SATISFIED
 WITH THE DECISION AT STEP 1, THE GRIEVANCE MAY BE PRESENTED TO THE
 SECOND LINE SUPERVISOR WITHIN FIVE (5) WORKING DAYS AND WILL CONTAIN AS
 A MINIMUM (1) THE GRIEVANT'S NAME, DUTY ASSIGNMENT, WORK AND HOME
 TELEPHONE NUMBERS, IF ANY, (2) THE SPECIFIC NATURE OF THE GRIEVANCE, (3)
 THE CORRECTIVE ACTION DESIRED, (4) THE NAME, ADDRESS, AND TELEPHONE
 NUMBER OF THE PERSONAL REPRESENTATIVE, IF ONE IS DESIRED, THAT WILL
 REPRESENT THE TECHNICIAN, AND (5) THE STATUS OF ANY OTHER EXISTING
 COMPLAINT PREVIOUSLY SUBMITTED BY THE GRIEVANT, INCLUDING THE NATURE OF
 THE COMPLAINT.
 
    B.  WITHIN FIVE (5) WORKDAYS OF RECEIPT OF THE WRITTEN GRIEVANCE, THE
 SECOND LINE SUPERVISOR WILL MEET WITH THE AGGRIEVED TECHNICIAN, HIS
 DESIGNATED REPRESENTATIVE, AND OTHERS AS DEEMED APPROPRIATE BY THE
 MANAGEMENT OFFICIAL TO DISCUSS THE GRIEVANCE.  A DECISION WILL BE
 FURNISHED THE TECHNICIAN AND HIS DESIGNATED REPRESENTATIVE WITHIN FIVE
 (5) WORKDAYS FROM THE DATE OF THE DISCUSSION.
 
    STEP 3.  IF THE NAGE OR A REPRESENTED TECHNICIAN IS STILL
 DISSATISFIED AFTER RECEIVING THE DECISION AT STEP 2.  THEY MAY MAKE
 WRITTEN REQUEST FOR FURTHER REVIEW OF THE GRIEVANCE BY THE ACTIVITY
 SUPERVISOR LEVEL.  THE REQUEST FOR FURTHER CONSIDERATION MUST BE
 SUBMITTED WITHIN FIVE (5) WORKING DAYS AFTER RECEIPT OF THE STEP 2
 DEC