11:0189(42)NG - AFGE Local 3742 and Army, HQ, 98th Division (Training), Webster, NY -- 1983 FLRAdec NG
[ v11 p189 ]
The decision of the Authority follows:
11 FLRA No. 42 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3742 Union and DEPARTMENT OF THE ARMY, HEADQUARTERS, 98th DIVISION (TRAINING), WEBSTER, NEW YORK Agency Case No. O-NG-68 DECISION AND ORDER ON NEGOTIABILITY ISSUES The petition for review in this case comes before the Authority pursuant to section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute), and raises issues relating to the negotiability of nine Union proposals. Upon careful consideration of the entire record, including the parties' contentions, the Authority makes the following determinations. The nine proposals at issue in the case were presented by the Union in response to implementation by the Agency of a "Military Technician Conversion Program." This program, instituted as a test program at the recommendation of Congress, lasted from March 1979 through June 1980 and was conducted to ascertain whether the military reserve components, i.e., the National Guard, Army and Air Force Reserve, could attract and retain active duty military personnel to fill vacant positions in the reserve component previously held by civilian technicians. Four of the nine proposals herein (set forth in the appendix) relate solely to the now terminated test program and thus became moot as of July 1980. However, as the record in this case also indicates that Congress, after reviewing the results of the test program, authorized the Agency to continue to convert civilian technician positions, the remaining five proposals which are applicable to such conversions are decided herein. Union Proposal 1 Only entry level positions will be filled by military GS-5 or GS-6.