09:0845(111)CA - Military Bureau HQ, Maine NG, Augusta, ME and AFGE Local 3013 -- 1982 FLRAdec CA



[ v09 p845 ]
09:0845(111)CA
The decision of the Authority follows:


 9 FLRA No. 111
 
 MILITARY BUREAU HEADQUARTERS,
 MAINE NATIONAL GUARD,
 AUGUSTA, MAINE
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 3013
 Charging Party
 
                                            Case No. 1-CA-639
 
                            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)
 AND (8) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE
 STATUTE) WHEN IT INISISTED TO IMPASSE ON EXCLUDING FROM THE SCOPE OF THE
 NEGOTIATED GRIEVANCE PROCEDURE ALL 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 WHO ARE EMPLOYED BY THE RESPONDENT.  ON NOVEMBER 25
 AND 26, 1980 THE PARTIES MET FOR THE PURPOSE OF NEGOTIATING WHETHER
 MATTERS COVERED BY SECTION 709(E) SHOULD BE EXCLUDED FROM THE SCOPE OF
 THE NEG