Decision on Request for General Statement of Policy or Guidance



[ v04 p664 ]
04:0664(86)PS
The decision of the Authority follows:


 4 FLRA No. 86
 
                                            Case No. 0-PS-19
 
          DECISION ON REQUEST FOR GENERAL STATEMENT OF POLICY OR
                                 GUIDANCE
 
    THE AUTHORITY RECEIVED A REQUEST FROM THE NATIONAL FEDERATION OF
 FEDERAL EMPLOYEES (NFFE) THAT THE AUTHORITY ISSUE A MAJOR POLICY
 DETERMINATION CONCERNING, IN EFFECT, WHETHER APPEALS OF ADVERSE ACTIONS
 INVOLVING NATIONAL GUARD (NG) TECHNICIANS MUST BE EXPRESSLY EXCLUDED
 FROM COVERAGE OF NEGOTIATED GRIEVANCE PROCEDURES BECAUSE OF THE
 OPERATION OF SECTION 709(E) OF THE NATIONAL GUARD TECHNICIANS ACT OF
 1968 (32 U.S.C. 709(E)) WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:
 
    (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND UNDER REGULATIONS
 PRESCRIBED BY THE
 
    SECRETARY 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 (A REDUCTION IN
 FORCE, REMOVAL OR AN
 
    ADVERSE ACTION AGAINST A TECHNICIAN) SHALL NOT EXTEND BEYOND THE
 ADJUTANT GENERAL OF THE
 
    JURISDICTION CONCERNED(.)
 
    ACCORDING TO NFFE'S SUBMISSION, THE REQUEST ARISES OUT OF A SITUATION
 PR