11:0189(42)NG - AFGE Local 3742 and Army, HQ, 98th Division (Training), Webster, NY -- 1983 FLRAdec NG

 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.