09:1039(147)NG - AFGE Local l603 and Navy Exchange, Naval Air Station, Patuxent River, MD -- 1982 FLRAdec NG

 9 FLRA No. 147
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 1603
 Union
 
 and
 
 NAVY EXCHANGE, NAVAL AIR STATION,
 PATUXENT RIVER, MARYLAND
 Agency
 
                                            Case No. O-NG-435
 
                 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 (THE STATUTE) AND
 PRESENTS ISSUES RELATING TO THE NEGOTIABILITY OF THE FOLLOWING UNION
 PROPOSAL.
 
                           ARTICLE II, SECTION I
 
    RIF ACTIONS WILL BE MADE IN ACCORDANCE WITH SECNA(V)I(N)ST 5300.22,
 EXCEPT AS FOLLOWS:  AN
 
    EMPLOYEE IN GROUP I WILL, WHEN REACHED IN A REDUCTION-IN-FORCE
 ACTION, HAVE REVERSION RIGHTS
 
    TO ALL PREVIOUSLY HELD POSITIONS IN THE UNIT, AND ALL INTERVENING
 POSITIONS FOR WHICH
 
    QUALIFIED IN DESCENDING ORDER ACCORDING TO GRADE.
 
    UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE
 PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS.
 THE BARGAINING UNIT HEREIN IS COMPRISED OF NONAPPROPRIATE FUND EMPLOYEES
 WHO ARE NOT COVERED BY REDUCTION-IN-FORCE (RIF) PROCEDURES PRESCRIBED IN
 THE FEDERAL PERSONNEL MANUAL.  INSTEAD, THE AGENCY REGULATION REFERENCED
 IN THE PROPOSAL GOVERNS THE RIF REVERSION OR RETREAT RIGHTS OF SUCH
 EMPLOYEES.  THIS REGULATION PROVIDES FOR EMPLOYEE RETREAT RIGHTS IN A
 RIF ONLY TO THE LAST POSITION PREVIOUSLY HELD IN THE ORGANIZATION BY THE
 EMPLOYEE, PROVIDED THAT THE POSITION IS ENCUMBERED, THAT SUCH REVERSION
 WILL NOT RESULT IN A HIGHER GRADE OR RATE OF PAY, THAT SUCH REVERSION
 WILL NOT RESULT IN A HIGHER GRADE OR RATE OF PAY, THAT THE EMPLOYEE
 EXERCISING THE RETREAT RIGHTS HAS AN EARLIER SERVICE DATE THAN