American Federation of Government Employees, Local 3098, AFL-CIO (Union) and Indiana Air National Guard (Agency)



[ v08 p7 ]
08:0007(2)NG
The decision of the Authority follows:


 8 FLRA No. 2
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3098
 Union
 
 and
 
 INDIANA AIR NATIONAL GUARD
 Agency
 
                                            Case No. 0-NG-301
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    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 (THE STATUTE),
 AND RAISES AN ISSUE AS TO THE NEGOTIABILITY OF THE FOLLOWING TWO UNION
 PROPOSALS:
 
    SECTION 4:  APPEALS AND GRIEVANCE OPTIONS
 
    AN AGGRIEVED EMPLOYEE AFFECTED BY DISCRIMINATION, A REMOVAL OR
 REDUCTION IN GRADE BASED ON
 
    UNACCEPTABLE PERFORMANCE, OR ADVERSE ACTION MAY AT HIS/HER OPTION
 RAISE THE MATTER UNDER A
 
    STATUTORY APPELLATE PROCEDURE OR THE NEGOTIATED GRIEVANCE PROCEDURE,
 BUT NOT BOTH (EXCEPT FOR
 
    DISCRIMINATION COMPLAINTS).  FOR THE PURPOSES OF THIS SECTION AND
 PURSUANT TO SECTION
 
    7121(E)(1) OF THE ACT, AN EMPLOYEE SHALL BE DEEMED TO HAVE EXERCISED
 HIS OPTION UNDER THIS
 
    SECTION ONLY WHEN THE EMPLOYEE FILES A TIMELY GRIEVANCE IN WRITING
 UNDER THE APPELLATE
 
    PROCEDURE OR FILES A TIMELY GRIEVANCE IN WRITING UNDER THE NEGOTIATED
 GRIEVANCE PROCEDURE.
 
    SECTION 11:  STAYS OF PERSONNEL ACTION
 
    A PENDING OR PROPOSED PERSONNEL ACTION WHICH HAS BEEN M