National Federation of Federal Employees, Local 1724 (Union) and Utah National Guard, Salt Lake City, Utah (Agency)



[ v07 p732 ]
07:0732(116)NG
The decision of the Authority follows:


 7 FLRA No. 116
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL 1724
 Union
 
 and
 
 UTAH NATIONAL GUARD,
 SALT LAKE CITY, UTAH
 Agency
 
                                            Case No. O-NG-267
 
                 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)(E) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7101-7135) (THE STATUTE).  THE ISSUE PRESENTED IS THE NEGOTIABILITY OF
 THE FOLLOWING UNION PROPOSAL:
 
    THAT ALL (A)FFECTED, ON BOARD, TECHNICIANS REMAIN OR BE REINSTATED TO
 THEIR FORMER POSITION
 
    AT THEIR FORMER GRADE.
 
                       QUESTION BEFORE THE AUTHORITY
 
    THE QUESTION PRESENTED IS WHETHER, AS ALLEGED BY THE AGENCY, THE
 UNION'S PROPOSAL IS INCONSISTENT WITH FEDERAL LAW, AGENCY REGULATIONS
 FOR WHICH A COMPELLING NEED IS CLAIMED TO EXIST, OR IS OTHERWISE NOT
 WITHIN THE DUTY TO BARGAIN.
 
                                  OPINION
 
    CONCLUSION AND ORDER:  THE UNION'S PROPOSAL IS NOT WITHIN THE DUTY TO
 BARGAIN AS IT DOES NOT CONCERN THE CONDITIONS OF EMPLOYMENT OF
 BARGAINING UNIT EMPLOYEES.  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 PROPOSAL BE, AND IT HEREBY
 IS DISMISSED.  /1/
 
    REASONS:  THE PROPOSAL, WHICH IS UNCLEAR ON ITS FACE, AROSE IN THE
 CONTEXT OF NEGOTIATIONS CONCERNING THE ASSIGNMENT OF WOMEN TO POSITIONS
 IN UTAH NATIONAL GUARD TECHNICIANS COVERED BY THE INSTANT PROPOSAL ARE
 EMPLOYED PURSUANT TO THE NATIONAL GUARD TECHNICIANS ACT OF 1968, 32
 U.S.C. 709.  /2/ THIS ACT, WHICH CREATES A SEPARATE PERSONNEL SYSTEM
 APPLICABLE ONLY TO SUCH TECHNICIANS, PROVIDES THAT SUCH TECHNICIANS ARE
 EMPLOYED IN CIVILIAN POSITIONS TO ADMINISTER AND TRAIN THE NATIONAL
 GUARD AND TO MAINTAIN AND REPAIR THE SUPPLIES ISSUED TO THE NATIONAL
 GUARD OR THE ARMED FORCES.  32 U.S.C. 719(A).  THE ACT ALSO REQUIRES,
 GENERALLY, THAT AS A CONDITION OF THEIR CIVILIAN EMPLOYMENT, TECHNICIANS
 MUST BECOME AND REMAIN MILITARY MEMBERS OF THE NATIONAL GUARD AND HOLD
 THE MILITARY GRADE SPECIFIED FOR THEIR CIVILIAN POSITIONS.  32 U.S.C.
 709(B).  THE ACT FURTHER MANDATES THAT A TECHNICIAN WHO IS SEPARATED
 FROM THE GUARD, AS A MILITARY MEMBER, OR WHO FAILS TO MAINTAIN THE
 MILITARY GRADE SPECIFIED FOR HIS OR HER POSITION, "SHALL BE PROMPTLY
 SEPARATED FROM THE GUARD, AS A MILITARY MEMBER, OR WHO FAILS TO MAINTAIN
 THE MILITARY GRADE SPECIFIED FOR HIS OR HER POSITION, "SHALL BE PROMPTLY
 SEPARATED FROM HIS TECHNICIAN EMPLOYMENT." 32 U.S.C. 709(E)(1).  IN THIS
 RE