09:0842(110)CA - Division of Military and Naval Affairs, New York NG, Albany, NY and New York State ACT -- 1982 FLRAdec CA



[ v09 p842 ]
09:0842(110)CA
The decision of the Authority follows:


 9 FLRA No. 110
 
 DIVISION OF MILITARY AND
 NAVAL AFFAIRS, NEW YORK
 NATIONAL GUARD, ALBANY,
 NEW YORK
 Respondent
 
 and
 
 NEW YORK STATE ASSOCIATION
 OF CIVILIAN TECHNICIANS
 Charging Party
 
                                            Case No. 1-CA-554
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S "ORDER TRANSFERRING CASE TO THE AUTHORITY" IN ACCORDANCE WITH
 SECTION 2429.1(A) OF THE AUTHORITY'S RULES AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, INCLUDING THE
 STIPULATION OF FACTS AND THE PARTIES' CONTENTIONS, /1/ THE AUTHORITY
 FINDS:
 
    THE COMPLAINT ALLEGES THAT THE RESPONDENT VIOLATED SECTION
 7116(A)(1), (5) AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS STATUTE (THE STATUTE) WHEN IT INSISTED TO IMPASSE ON EXCLUDING
 FROM THE SCOPE OF THE NEGOTIATED GRIEVANCE PROCEDURE ADVERSE ACTIONS
 COVERED BY SECTION 709(E) OF THE NATIONAL GUARD TECHNICIANS ACT OF 1968.
  /2/
 
    THE CHARGING PARTY (THE UNION) IS THE EXCLUSIVE REPRESENTATIVE OF
 CERTAIN TECHNICIANS EMPLOYED BY THE RESPONDENT.  BY NOVEMBER 13, 1980
 THE UNION AND THE RESPONDENT HAD REACHED IMPASSE DURING COLLECTIVE
 BARGAINING ON THE SUBJECT OF THE SCOPE OF THE GRIEVANCE PROCED