10:0583(101)CA - NG Bureau, Maine Air NG (Augusta, ME) and AFGE Local 30l3 -- 1982 FLRAdec CA



[ v10 p583 ]
10:0583(101)CA
The decision of the Authority follows:


 10 FLRA No. 101
 
 NATIONAL GUARD BUREAU
 MAINE AIR NATIONAL GUARD
 (AUGUSTA, MAINE)
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3013, AFL-CIO
 Charging Party
 
                                            Case No. 1-CA-838
 
                            DECISION AND ORDER
 
    The Administrative Law Judge issued his Decision in the
 above-entitled proceeding finding that the Respondent had engaged in
 certain unfair labor practices and recommending that it be ordered to
 cease and desist therefrom and take certain affirmative action.
 Exceptions to the Judge's Decision were filed by the Respondent.
 
    Pursuant to section 2423.29 of the Authority's Rules and Regulations
 and section 7118 of the Federal Service Labor-Management Relations
 Statute (the Statute), the Authority has reviewed the rulings of the
 Judge made at the hearing and finds that no prejudicial error was
 committed.  The rulings are hereby affirmed.  Upon consideration of the
 Judge's Decision and the entire record, the Authority hereby adopts the
 Judge's findings, conclusions and recommendations.  /1A/
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Federal Labor Relations
 Ajthority's Rules and Regulations and section 7118 of the Statute, it is
 hereby ordered that the National Guard Bureau, Maine Air National Guard
 shall:
 
    1.  Cease and desist from:
 
    (a) Failing or refusing to cooperate in and comply with the Federal
 Service Impasses Panel's Decision and Order rendered in Maine Air
 National Guard, Bangor, Maine and Local 3013, American Federation of
 Government Employees, AFL-CIO, Case No. 80 FSIP 52(a) (1981).
 
    (b) In any like or related manner interfering with, restraining, or
 coercing employees in the exercise of their rights assured by the
 Federal Service Labor-Management Relations Statute.
 
    2.  Take the following affirmative action in order to carry out the
 purposes and policies of the Federal Service Labor-Management Relations
 Statute:
 
    (a) Adopt the following language in its collective bargaining
 agreement with Local 3013, American Federation of Government Employees,
 AFL-CIO:
 
          Employees, while performing their day-to-day technician duties,
       shall have the option (a day-to-day option) of wearing either (a)
       the military uniform or (b) an agreed-upon standard civilian
       attire without display of military rank, such clothing to be
       procured by employees who choose to wear it.  The agreed-upon
       standard civilian attire is listed as described in Section 5 of
       this article.  Civilian attire not specified in Section 5 will not
       be worn during duty periods.  The following situations are
       inappropriate for wearing of the standard civilian attire:
 
          a.  During any scheduled higher headquarters inspection or
       officially sanctioned visit with 5 calendar days prior notice,
       except for no-notice ORI/MEI's when all employees will be in
       military uniform the next duty day.
 
          b.  Travel on a military aircraft.
 
          c.  During any drill, ceremonies, parades, or military
       funerals, and when representing the ANG at any public function.
 
          d.  At any meeting with the Adjutant General during normal duty
       hours when requested by the technician.
 
          e.  When performing recruiter assistance.
 
          f.  When attending a military service school, or course where
       wearing of the military uniform is required by higher authority.
 
                                .  .  .  .
 
          Standard civilian attire for members of the bargaining unit
       shall be as follows:  For blue collar workers standard work
       uniform items described in this section are found in the Dickies
       Work Uniform Catalog and for white collar workers, items of
       clothing, quality and colors are as described in J. C. Penney Fall
       and Winter 1980 catalog unless otherwise indicated.  All items
       shall be the product as described or an approved equal in color
       and quality.  Accessories are found in the 1980 Fall and Winter J.
       C. Penney catalog.  If the suppliers or manufacturers change or
       discontinue the color or quality or if the agreed-upon articles
       become otherwise unavailable to employees, then the proposed
       replacement articles will be approved by negotiation prior to wear
       by the employees.  Substitute items of equal quality, color and
       design from other sources may be approved by management.
 
          a.  The Parties agree that only the articles and the
       combinations listed in this section shall be worn when the
       employees elect to wear the standard civilian attire.
 
          b.  When special protective clothing or equipment is essential
       for safety or health reasons, such as safety hats, safety shoes,
       electricians gloves, safety glasses, etc., the employer will
       provide these items and the employee may wear the special
       protective clothing or equipment with the agreed-upon civilian
       attire while performing operations which are inherently hazardous.
        In addition, rain gear, overshoes and cold weather gear will be
       provided for all employees during inclement weather.  The
       requirement for special protective clothing must be validated by
       the Wing Safety Officer and in the case of rain gear and overshoes
       be in accordance with T/A 016.
 
          c.  The standard civilian attire will conform to the same
       standards of safety, neatness and cleanliness as required for the
       USAF uniform.
 
          d.  Combinations.
 
          (1) Work shirt, and/or "T" shirt, work pants, belt, oxford or
       work shoes or safety shoes when required.  Work shirt may be
       removed and the T shirt worn as an outer garment when conditions
       permit.  Work shirt will be buttoned except for collar button.
 
          (2) Coveralls, oxford or work shoes or safety shoes when
       required.
 
          (3) Dress shirt, dress slacks/skirt, oxford or work shoes.
       Blazer is optional.  Necktie will be worn if vest is worn.  Shirt
       front will be buttoned except for collar button which may be open
       without tie.
 
          (4) The Eisenhower or hip style jacket, parka style coat,
       insulated vest, or sweater may be worn with any combination.  The
       insulated vest may be worn with any blue collar option except when
       T shirt is worn as outer garment.
 
          (5) The headgear, handcoverings and shop coat are optional with
       any combination.
 
          e.  The tan, brown and white colors referred to in this article
       will conform to the color swatches in the "J. C. PENNEY FALL &
       WINTER 1980" catalog and that of "DICKIE'S" work uniform catalog,
       colors "A" and "V".
 
    (b) Post at its facilities wherever unit employees are located,
 copies of the attached Notice on forms to be furnished by the Authority.
  Upon receipt of such forms, they shall be signed by the Adjutant
 General of the Maine Air National Guard, or his designee, and shall be
 posted for 60 consecutive days in conspicuous places, including all
 bulletin boards and other places where notices to employees are
 customarily posted.  The Adjutant General shall take reasonable steps to
 insure that such Notices are not altered, defaced, or covered by any
 other material.
 
    (c) Pursuant to section 2423.30 of the Authority's Rules and
 Regulations, notify the Regional Director, Region I, Federal Labor
 Relations Authority, in writing, within 30 days from the date of this
 Order, as to what steps have been taken to comply herewith.  
 
 Issued, Washington, D.C., December 3, 1982
 
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
                          NOTICE TO ALL EMPLOYEES
 
  PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 RELATIONS
 AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
 OF TITLE
 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS
 WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT fail or refuse to cooperate in and comply with the
 Federal Service Impasses Panel's Decision and Order rendered in Maine
 Air National Guard, Bangor, Maine and Local 3013, American Federation of
 Government Employees, AFL-CIO, Case No. 80 FSIP 52(a) (1981).
 
    WE WILL NOT in any like or related manner interfere with, restrain,
 or coerce our employees in the exercise of their rights assured by the
 Federal Service Labor-Management Relations Statute.
 
    WE WILL adopt the following language in our collective bargaining
 agreement with Local 3013, American Federation of Government Employees,
 AFL-CIO:
 
          Employees, while performing their day-to-day technician duties,
       shall have the option (a day-to-day option) of wearing either (a)
       the military uniform or (b) an agreed-upon standard civilian
       attire without display of military rank, such clothing to be
       procured by employees who choose to wear it.  The agreed-upon
       standard civilian attire is listed as described in Section 5 of
       this article.  Civilian attire not specified in Section 5 will not
       be worn during duty periods.  The following situations are
       inappropriate for wearing of the standard civilian attire:
 
          a.  During any scheduled higher headquarters inspection or
       officially sanctioned visit with 5 calendar days prior notice,
       except for no-notice ORI/MEI's when all employees will be in
       military uniform the next duty day.
 
          b.  Travel on a military aircraft.
 
          c.  During any drill, ceremonies, parades, or military
       funerals, and when representing the ANG at any public function.
 
          d.  At any meeting with the Adjutant General during normal duty
       hours when requested by the technician.
 
          e.  When performing recruiter assistance.
 
          f.  When attending a military service school, or course where
       wearing of the military uniform is required by higher authority.
 
                                .  .  .  .
 
          Standard civilian attire for members of the bargaining unit
       shall be as follows:  For blue collar workers standard work
       uniform items described in this section are found in the Dickies
       Work Uniform Catalog and for white collar workers, items of
       clothing, quality and colors are as described in J. C. Penney Fall
       and Winter 1980 catalog unless otherwise indicated.  All items
       shall be the product as described or an approved equal in color
       and quality.  Accessories are found in the 1980 Fall and Winter J.
       C. Penney catalog.  If the suppliers or manufacturers change or
       discontinue the color or quality or if the agreed-upon articles
       become otherwise unavailable to employees, then the proposed
       replacement articles will be approved by negotiation prior to wear
       by the employees.  Substitute items of equal quality, color and
       design from other sources may be approved by management.
 
          a.  The Parties agree that only the articles and the
       combinations listed in this section shall be worn when the
       employees elect to wear the standard civilian attire.
 
          b.  When special protective clothing or equipment is essential
       for safety or health reasons, such as safety hats, safety shoes,
       electricians gloves, safety glasses, etc., the employer will
       provide these items and the employee may wear the special
       protective clothing or equipment with the agreed-upon civilian
       attire while performing operations which are inherently hazardous.
        In addition, rain gear, overshoes and cold weather gear will be
       provided for all employees during inclement weather.  The
       requirement for special protective clothing must be validated by
       the Wing Safety Officer and in the case of rain gear and overshoes
       be in accordance with T/A 016.
 
          c.  The standard civilian attire will conform to the same
       standards of safety, neatness and cleanliness as required for the
       USAF uniform.
 
          d.  Combinations.
 
          (1) Work shirt, and/or "T" shirt, work pants, belt, oxford or
       work shoes or safety shoes when required.  Work shirt may be
       removed and the T shirt worn as an outer garment when conditions
       permit.  Work shirt will be buttoned except for collar button.
 
          (2) Coveralls, oxford or work shoes or safety shoes when
       required.
 
          (3) Dress shirt, dress slacks/skirt, oxford or work shoes.
       Blazer is optional.  Necktie will be worn if vest is worn.  Shirt
       front will be buttoned except for collar button which may be open
       without tie.
 
          (4) The Eisenhower or hip style jacket, parka style coat,
       insulated vest, or sweater may be worn with any combination.  The
       insulated vest may be worm with any blue collar option except when
       T shirt is worn as outer garment.
 
          (5) The headgear, handcoverings and shop coat are optional with
       any combination.
 
          e.  The tan, brown and white colors referred to in this article
       will conform to the color swatches in the "J. C. PENNEY FALL &
       WINTER 1980" catalog and that of "DICKIE'S" work uniform catalog,
       colors "A" and "V".
                                       (Agency or Activity)
 
 Dated:  . . .  By:  (Signature) (Title)
 
    This Notice must remain posted for 60 consecutive days from the date
 of posting, and must not be altered, defaced, or covered by any other
 material.
 
    If employees have any questions concerning this Notice or compliance
 with its provisions, they may communicate directly with the Regional
 Director Region I, Federal Labor Relations Authority, whose address is:
 441 Stuart Street, 9th Floor, Boston, MA 02116 and whose telephone
 number is:  (617) 223-0920.
 
 
 
 
 
 
 
 
 
 
 
 -------------------- ALJ$ DECISION FOLLOWS --------------------
 
    Richard D. Zaiger, Esq.
    Marilyn Z. Roth, Esq.
          For General Counsel of FLRA
 
    John J. Sapp
          For Respondent
 
    Before:  SAMUEL A. CHAITOVITZ
         Administrative Law Judge
 
                                 DECISION
 
                           Statement of the Case
 
    This is a proceeding arising under the Federal Service
 Labor-Management Relations Statute (hereinafter called the Statute), 92
 Stat. 1191, 5 U.S.C. 7101 et seq.  Upon a charge filed by American
 Federation of Government Employees, Local 3013, AFL-CIO, (hereinafter
 called the Union and/or AFGE), on July 9, 1981 and amended on August 24,
 1981, against National Guard Bureau, Maine Air National Guard (Augusta
 Maine), (hereinafter called the Guard and/or Respondent), the General
 Counsel of the Federal Labor Relations Authority, by the Director for
 Region I, issued a Complaint and Notice of Hearing on August 25, 1981.
 The Complaint alleges that Respondent violated Sections 7116(a)(1)(5)
 and (6) of the Statute by refusing to implement and abide by a Decision
 and Order of the Federal Services Impasses Panel (FSIP).  On September
 17, 1981 Respondent filed an Answer to the Complaint wherein it admitted
 in part and denied in part the allegations of the Complaint and set
 forth various affirmative defenses.
 
    On October 20, 1981 counsel for the General Counsel of the FLRA filed
 a Motion for Summary Judgment and on November 3, 1981 Respondent filed a
 Response to Motion for Summary Judgment.
 
    By Order dated October 21, 1981 the hearing in this case was
 postponed indefinitely in order to provide an opportunity for a response
 to the Motion for a Summary Judgment and to give the undersigned an
 opportunity to consider the Motion.
 
    It has long been established that the purpose of summary judgment is
 to avoid useless, expensive, and time-consuming trials where there are
 no genuine issues of material fact to be tried.  /1/ Federal Labor
 Relations Authority regulations, 5 C.F.R. 2423.19(k) (1980),
 specifically authorize the use of motions for summary judgment in the
 litigation of unfair labor practice charges under the Federal
 Labor-Management Relations Statute.  Such practice is consistent with
 the Administrative Procedure Act /2/ and well-established principles of
 due process and administrative law.  /3/
 
    Upon examination of the General Counsel's Motion for Summary Judgment
 and the Respondent's response, it appeared that there are no genuine
 issues of material fact /4/ and that only legal issues are involved.  In
 such circumstances, the required hearing under the Statute may consist
 wholly of an opportunity to present written argument.  /5/
 
    Accordingly, pursuant to an Order issued by the undersigned on
 November 19, 1981, all parties were given until December 14, 1981 to
 submit briefs and make written arguments with respects to the merits and
 legal issues raised in the subject case.
 
    Counsel for Respondent and for the General Counsel timely filed
 briefs setting forth their respective positions.  General Counsel's
 Motion for Summary Judgment is hereby granted in accordance with the
 following:
 
                             Findings of Fact
 
    From September 13, 1973 until July 11, 1980, the Guard and the Union
 were parties to a collective bargaining agreement covering technicians
 employed by the Maine Air National Guard as certified by the Federal
 Labor Relations Council on August 26, 1969, pursuant to Executive Order
 11491, as amended.
 
    Since the expiration of the collective bargaining agreement in 1980,
 the parties attempted to negotiate a new agreement.  The parties were
 unable to reach agreement with respect to two articles.  The Union
 requested assistance from FSIP to resolve negotiation impasses regarding
 the wearing of military uniforms and promotion and internal placement by
 employee technicians of the Maine Air National Guard, members of the
 certified bargaining unit.  The FSIP issued a Decision and Order on
 October 8, 1980 80 FSIP 52 requiring the parties to adopt the Union's
 proposals for the wearing of military uniforms and promotion and
 internal placement.
 
    Between October 1980 and January 1981 the parties met and settled the
 promotion and internal placement issue but did not reach agreement on
 the military uniform issue.  On January 29, 1981, AFGE requested
 assistance from the FSIP.  Respondent on the other hand, requested
 clarification of FSIP's authority to issue an order on wear of the
 military uniform on February 3, 1981.  The FSIP acknowledged receipt of
 request for assistance on February 3, 1981 and directed exchanges of
 proposals on February 23, 1981.  On March 12, 1981, the Guard, via
 telegram to the FSIP, reiterated its February 3, 1981 request.  The FSIP
 replied on March 16, 1981 indicating that the request for assistance
 before it would answer Respondent's telegram.  In the interim the Guard
 requested an extension to the exchange of proposals directed in the
 February 23, 1981 FSIP letter.  The request for extension was approved
 by the FSIP on March 19, 1981 and the Guard and the Union exchanged
 proposals in late March and early April 1981.  The Guard submitted a
 rebuttal proposal on April 10, 1981.  The FSIP issued a Decision and
 Order on May 26, 1981.  Maine Air National Guard and Local 3013,
 American Federation of Government Employees, 80 FSIP 52(a).  /6/
 
    The Union on June 4, 1981 requested the parties to meet in order to
 implement the FSIP's Decision and Order.  The Guard on June 26, 1981
 requested a review by FSIP of its Decision and Order.  FSIP denied this
 request for review on August 3, 1981 and on August 9, 1981 the Union
 filed unfair labor practice charges against the Guard.  To date
 Respondent has not complied with FSIP's Decision and Order in 80 FSIP
 52(a).
 
                        Discussion and Conclusions
 
    The Guard's refusal to comply with FSIP's Decision and Order (80 FSIP
 No. 52(a)) constituted a violation of Sections 7116(a)(6) and (1) of the
 Statute.  State of Nevada National Guard, 7 FLRA No. 37 (1981).
 Respondent's defenses that it did not violate the Statute because the
 FLRA has no jurisdiction over National Guard Technicians because they
 were excluded from coverage of the Statute;  the FLRA and FSIP have no
 jurisdiction over a State militia and a State officer;  the subject of
 uniforms is not bargainable because it is controlled by the military
 establishment;  FSIP's Order violated the U.S. Constitution and laws
 regulating the National Guard;  FSIP's Order violates the Statute
 because it requires the Guard to make a concession and constitutes
 compulsory arbitration;  and non compliance with the FSIP Order was the
 Guard's only means of obtaining review of the FSIP Order, all are
 rejected as being without merit.  State of Nevada National Guard, supra.
 
    Having found and concluded that by its failure and refusal to comply
 with a final Decision and Order of the Federal Service Impasses Panel
 Respondent violated Sections 7116(a)(6) and (1) /7/ of the Statute, I
 recommend that the Authority issue the following:
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Federal Labor Relations
 Authority's Rules and Regulations and section 7118 of the Statute, the
 Authority hereby orders that the National Guard Bureau, Maine Air
 National Guard shall:
 
    1.  Cease and desist from:
 
          (a) Failing or refusing to cooperate in and comply with the
       Federal Service Impasses Panel's Decision and Order rendered in
       Maine Air National Guard, Bangor, Maine and Local 3013, American
       Federal of Government Employees, AFL-CIO, Case No. 80 FSIP 52(a).
 
          (b) In any like or related manner interfering with, restraining
       or coercing employees in the exercise of their rights assured by
       the Federal Service Labor-Management Relations Statute.
 
    2.  Take the following affirmative actions in order to effectuate the
 purposes and policies of the Statute:
 
          (a) Adopt the following language in its collective bargaining
       agreement with the Local 3013, American Federation of Government
       Employees, AFL-CIO:
 
          Employees, while performing their day-to-day technician duties,
       shall have the option (a day-to-day option) of wearing either (a)
       the military uniform or (b) an agreed-upon standard civilian
       attire without display of military rank, such clothing to be
       procured by employees who choose to wear it.  The agreed-upon
       standard civilian attire is listed as described in Section 5 of
       this article.  Civilian attire not specified in Section 5 will not
       be worn during duty periods.  The following situations are
       inappropriate for wearing of the standard civilian attire:
 
          a.  During any scheduled higher headquarters inspection or
       officially sanctioned visit with 5 calendar days prior notice,
       except for no-notice ORI/MEI's when all employees will be in
       military uniform the next duty day.
 
          b.  Travel on a military aircraft.
 
          c.  During any drill, ceremonies, parades, or military
       funerals, and when representing the ANG at any public function.
 
          d.  At any meeting with The Adjutant General during normal duty
       hours when requested by the technician.
 
          e.  When performing recruiter assistance.
 
          f.  When attending a military service school, or course where
       wearing of the military uniform is required by higher authority.
 
                                  * * * *
 
          Standard civilian attire for members of the bargaining unit
       shall be as follows:  For blue collar workers standard work
       uniform items described in this section are found in the Dickies
       Work Uniform Catalog and for white collar workers, items of
       clothing, quality and colors are as described in J. C. Penney Fall
       and Winter 1980 catalog unless otherwise indicated.  All items
       shall be the product as described or an approved equal in color
       and quality.  Accessories are found in the 1980 Fall and Winter J.
       C. Penney catalog.  If the suppliers or manufacturers change or
       discontinue the color or quality or if the agreed-upon articles
       become otherwise unavailable to employees, then the proposed
       replacement articles will be approved by negotiation prior to wear
       by the employees.  Substitute items of equal quality, color and
       design from other sources may be approved by management.
 
          a.  The Parties agree that only the articles and the
       combinations listed in this section shall be worn when the
       employees elect to wear the standard civilian attire.
 
          b.  When special protective clothing or equipment is essential
       for safety or health reasons, such as safety hats, safety shoes,
       electricians gloves, safety glasses, etc., the employer will
       provide these items and the employee may wear the special
       protective clothing or equipment with the agreed-upon civilian
       attire while performing operations which are inherently hazardous.
        In addition, rain gear, overshoes and cold weather gear will be
       provided for all employees during inclement weather.  The
       requirement for special protective clothing must be validated by
       the Wing Safety Officer and in the case of rain gear and overshoes
       be in accordance with T/A 016.
 
          c.  The standard civilian attire will conform to the same
       standards of safety, neatness and cleanliness as required for the
       USAF uniform.
 
          d.  Combinations.
 
          (1) Work shirt, and/or "T" shirt, work pants, belt, oxford or
       work shoes or safety shoes when required.  Work shirt may be
       removed and the T shirt worn as an outer garment when conditions
       permit.  Work shirt will be buttoned except for collar button.
 
          (2) Coveralls, oxford or work shoes or safety shoes when
       required.
 
          (3) Dress shirt, dress slacks/skirt, oxford or work shoes.
       Blazer is optional.  Necktie will be worn if vest is worn.  Shirt
       front will be buttoned except for collar button which may be open
       without tie.
 
          (4) The Eisenhower or hip style jacket, parka style coat,
       insulated vest, or sweater may be worn with any combination.  The
       insulated vest may be worn with any blue collar option except when
       T shirt is worn as outer garment.
 
          (5) The headgear, handcoverings and shop coat are optional with
       any combination.
 
          e.  The tan, brown and white colors referred to in this article
       will conform to the color swatches in the "J. C. PENNEY FALL &
       WINTER 1980" catalog and that of "DICKIE'S" work uniform catalog,
       colors "A" and "V".
 
          (b) Post at its facilities wherever unit employees are located,
       copies of the attached notice on forms to be furnished by the
       Authority.  Upon receipt of such forms, they shall be signed by
       the Adjutant General of the Maine Air National Guard and shall be
       posted by him for 60 consecutive days in conspicuous places,
       including all bulletin boards and other places where notices to
       employees are customarily posted.  The Adjutant General shall take
       reasonable steps to insure that such notices are not altered,
       defaced or covered by any other material.
 
          (c) Pursuant to section 2423.30 of the Authority's Rules and
       Regulations, notify the Regional Director of Region 1, 441 Stuart
       Street, 9th Floor, Boston, MA, 02116, in writing, within 30 days
       from the date of this order as to what steps have been taken to
       comply herewith.
                                       SAMUEL A. CHAITOVITZ
                                       Administrative Law Judge
 
 Dated:  January 27, 1982
         Washington, D.C.
 
 
 
                                 APPENDIX
 
  PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 RELATIONS
 AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
 OF TITLE
 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS
 We hereby notify our employees that:
 
    WE WILL NOT refuse to cooperate in and comply with the Federal
 Service Impasses Panel's Decision and Order rendered in Maine Air
 National Guard, Bangor, Maine and Local 3013, American Federation of
 Government Employees, AFL-CIO, Case No. 80 FSIP 52(a), regarding the
 attire to be worn by National Guard technicians.
 
    WE WILL adopt the following language in our collective bargaining
 agreement with Local 3013, American Federation of Government Employees
 AFL-CIO:
 
          Employees, while performing their day-to-day technician duties,
       shall have the option (a day-to-day option) of wearing either (a)
       the military uniform or (b) an agreed-upon standard civilian
       attire without display of military rank, such clothing to be
       procured by employees who choose to wear it.  The agreed-upon
       standard civilian attire is listed as described in Section 5 of
       this article.  Civilian attire not specified in Section 5 will not
       be worn during duty periods.  The following situations are
       inappropriate for wearing of the standard civilian attire:
 
          a.  During any scheduled higher headquarters inspection or
       officially sanctioned visit with 5 calendar days prior notice,
       except for no-notice ORI/MEI's when all employees will be in
       military uniform the next duty day.
 
          b.  Travel on a military aircraft.
 
          c.  During any drill, ceremonies, parades, or military
       funerals, and when representing the ANG at any public function.
 
          d.  At any meeting with The Adjutant General during normal duty
       hours when requested by the technician.
 
          e.  When performing recruiting assistance.
 
          f.  When attending a military service school, or course where
       wearing of the military uniform is required by higher authority.
 
                                  * * * *
 
          Standard civilian attire for members of the bargaining unit
       shall be as follows:  For blue collar workers standard work
       uniform items described in this section are found in the Dickies
       Work Uniform Catalog and for white collar workers, items of
       clothing, quality and colors are as described in J. C. Penney Fall
       and Winter 1980 catalog unless otherwise indicated.  All items
       shall be the product as described or an approved equal in color
       and quality.  Accessories are found in the 1980 Fall and Winter J.
       C. Penney catalog.  If the suppliers or manufacturers change or
       discontinue the color or quality or if the agreed-upon articles
       become otherwise unavailable to employees, then the proposed
       replacement articles will be approved by negotiation prior to wear
       by the employees.  Substitute items of equal quality, color and
       design from other sources may be approved by management.
 
          a.  The Parties agree that only the articles and the
       combinations listed in this section shall be worn when the
       employees elect to wear the standard civilian attire.
 
          b.  When special protective clothing or equipment is essential
       for safety or health reasons, such as safety hats, safety shoes,
       electricians gloves, safety glasses, etc., the employer will
       provide these items and the employee may wear the special
       protective clothing or equipment with the agreed-upon civilian
       attire while performing operations which are inherently hazardous.
        In addition, rain gear, overshoes and cold weather gear will be
       provided for all employees during inclement weather.  The
       requirement for special protective clothing must be validated by
       the Wing Safety Officer and in the case of rain gear and overshoes
       be in accordance with T/A 016.
 
          c.  The standard civilian attire will conform to the same
       standards of safety, neatness and cleanliness as required for the
       USAF uniform.
 
          d.  Combinations.
 
          (1) Work shirt, and/or "T" shirt, work pants, belt, oxford or
       work shoes or safety shoes when required.  Work shirt may be
       removed and the T shirt worn as an outer garment when conditions
       permit.  Work shirt will be buttoned except for collar button.
 
          (2) Coveralls, oxford or work shoes or safety shoes when
       required.
 
          (3) Dress shirt, dress slacks/skirt, oxford or work shoes.
       Blazer is optional.  Necktie will be worn if vest is worn.  Shirt
       front will be buttoned except for collar button which may be open
       without tie.
 
          (4) The Eisenhower or hip style jacket, parka style coat,
       insulated vest, or sweater may be worn with any combination.  The
       insulated vest may be worn with any blue collar option except when
       T shirt is worn as outer garment.
 
          (5) The headgear, handcoverings and shop coat are optional with
       any combination.
 
          e.  The tan, brown and white colors referred to in this article
       will conform to the color swatches in the "J. C. PENNEY FALL &
       WINTER 1980" catalog and that of "DICKIE'S" work uniform catalog,
       colors "A" and "V".
 
    WE WILL NOT in any like or related manner interfere with, restrain or
 coerce our employees in the exercise of their rights assured by the
 Federal Service Labor-Management Relations Statute.
                                       (Agency or Activity)
 
 Dated:  . . .  By:  (Signature)
 
    This Notice must remain posted for 60 consecutive days from the date
 of posting and must not be altered, defaced or covered by any other
 material.
 
    If employees have any question concerning this Notice, or compliance
 with any of its provisions, they may communicate directly with the
 Regional Director of the Federal Labor Relations Authority, Region 1,
 whose address is 441 Stuart Street, 9th Floor, Boston, MA 02116, and
 whose telephone number is (617) 223-0920.
 
 
    /1A/ The Respondent argues that, contrary to the Judge's statement at
 n. 4 of his Decision, it did, in responding to the Complaint issued in
 this case, deny the allegation that it had failed to implement and abide
 by the Decision and Order of the Federal Service Impasses Panel (the
 Panel) in Case No. 80 FSIP 52(a) (1981).  The Authority notes that, in
 its response to the Complaint, the Respondent contended that it had not
 refused to cooperate with the Panel, but because of what it viewed as an
 outstanding legal question regarding the Panel's authority had only
 "deferred" action until resolution of the question.  Based on this
 contention, the Authority finds that the Judge's characterization of the
 Respondent's position is an accurate one.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ Cf. Fed. R. Civ. P. 56;  Lyons v. Bd. of Ed. Charleston
 Reorganized School District No. 1 of Miss. Cty., Mo., 523 F 2d 340, 347
 (8th Cir., 1975).
 
 
    /2/ The Federal Service Labor-Management Relations Statute requires
 that hearings be conducted in accordance with the Administrative
 Procedure Act, 5 U.S.C. 551 et seq., to the extent practicable.  5
 U.S.C. 7118(a)(6).  Motions in the nature of motions for summary
 judgment are deemed appropriate under the Administrative Procedure Act.
 See, e.g., Municipal Light Boards of Reading and Wakefield, Mass. v.
 Federal Power Commission, 450 F.2d 1341, 1346-1346 (D.C. Cir., 1971),
 cert. denied, 405 U.S. 989 (1972).
 
 
    /3/ Davis, Administrative Law Treatise, Second Edition, Secs. 12.1,
 12.10 (1979).
 
 
    /4/ The sole factual issue upon which the alleged violation of the
 Statute is based is Respondent's failure to implement and abide by a
 Decision and Order of the FSIP in Case No. 80 FSIP 52(a).  Respondent in
 its response did not deny this