American Federation of Government Employees, AFL-CIO, Local 2953 (Union) and National Guard Bureau, Office of the Adjutant General, Nebraska (Agency)

 



[ v07 p87 ]
07:0087(12)NG
The decision of the Authority follows:


 7 FLRA No. 12
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2953
 (Union)
 
 and
 
 NATIONAL GUARD BUREAU, OFFICE OF
 THE ADJUTANT GENERAL, NEBRASKA
 (Agency)
 
                                            Case No. O-NG-279
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR
 RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(D)
 AND (E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
 STATUTE) (5 U.S.C. 7101 ET SEQ.).  THE ISSUE PRESENTED IS THE
 NEGOTIABILITY OF THE FOLLOWING PROPOSAL:
 
                              UNION PROPOSAL
 
    ARTICLE 32 REDUCTION-IN-FORCE
 
    SECTION 32-4 RETENTION REGISTERS.  IN THE EVENT OF A REDUCTION IN
 FORCE, THE EMPLOYER SHALL
 
    ESTABLISH A RETENTION REGISTER WHICH THEY WILL BE REACHED FOR
 PERSONNEL ACTIONS GENERATED BY
 
    THE RIF.  THE RETENTION REGISTER SHALL BE COMPILED ACCORDING TO THE
 FOLLOWING METHOD:
 
    (A) EMPLOYEES WILL BE RANKED ACCORDING TO GRADE LEVEL;  AND
 
    (B) EMPLOYEES WITHIN EACH GRADE WILL BE RANKED ACCORDING TO CIVILIAN
 APPRAISAL SCORE;  THEN
 
    (C) EMPLOYEES HAVING THE SAME APPRAISAL SCORE WILL BE RANKED
 ACCORDING TO LENGTH OF
 
    TECHNICIAN SERVICE;  THEN
 
    (D) EMPLOYEES HAVING THE SAME APPRAISAL SCORE AND THE SAME LENGTH OF
 TECHNICIAN SERVICE
 
    WILL BE RANKED ACCORDING TO LENGTH OF CREDITABLE SERVICE.
 
                       QUESTION BEFORE THE AUTHORITY
 
    THE SPECIFIC QUESTION BEFORE THE AUTHORITY IS WHETHER THE UNION'S
 PROPOSAL IS OUTSIDE THE DUTY TO BARGAIN BECAUSE IT IS INCONSISTENT WITH
 AN AGENCY REGULATION FOR WHICH A COMPELLING NEED EXISTS UNDER SECTION
 7117(A)(2) OF THE STATUTE AND SECTION 2424.11(C) OF THE AUTHORITY'S
 RULES AND REGULATIONS, AS ALLEGED BY THE AGENCY.
 
                                  OPINION
 
    CONCLUSION AND ORDER:  A COMPELLING NEED EXISTS UNDER SECTION
 7117(A)(2) OF THE STATUTE AND SECTION 2424.11(C) OF THE AUTHORITY'S
 RULES AND REGULATIONS FOR THE AGENCY REGULATION TO BAR NEGOTIATION OF
 THE UNION'S PROPOSAL.  ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE
 AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10(1981)), IT IS ORDERED
 THAT THE PETITION FOR REVIEW OF THE DISPUTED PROPOSAL BE DISMISSED.
 
    REASONS:  THE UNION'S PROPOSAL SET FORTH ABOVE WOULD REQUIRE THE
 AGENCY TO ESTABLISH, WITH RESPECT TO A REDUCTION IN FORCE (RIF) OF
 NATIONAL GUARD TECHNICIANS, A RETENTION REGISTER RANKING SUCH
 TECHNICIANS ACCORDING TO A NUMBER OF FACTORS RELATED TO THEIR CIVILIAN
 TECHNICIAN SERVICE, INCLUDING THEIR CIVILIAN APPRAISAL SCORES, BUT
 WITHOUT REFERENCE TO THE APPRAISALS OF T