11:0234(49)NG - AFGE Local 1900 and Army, HQ, 76th Division (Training), West Hartford, CT -- 1983 FLRAdec NG
[ v11 p234 ]
11:0234(49)NG
The decision of the Authority follows:
11 FLRA No. 49
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1900
Union
and
DEPARTMENT OF THE ARMY, HEADQUARTERS,
76th DIVISION (TRAINING), WEST
HARTFORD, CONNECTICUT
Agency
Case No. O-NG-76
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 ten Union proposals. Upon careful
consideration of the entire record, including the parties' contentions,
the Authority makes the following determinations.
The ten proposals at issue in this case were presented by the Union
in response to the Agency's implementation of a "Military Technician
Conversion Program." This program, instituted as a test program on the
recommendation of Congress, lasted from March 1979 through June 1980 and
was undertaken to ascertain whether the military reserve components,
i.e., the National Guard and the Army and Air Force Reserve, could
attract and retain active duty military personnel to fill vacant
positions in the reserve components previously held by civilian
technicians. Six of the ten 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, upon review of the test results, authorized the
Agency to continue converting civilian technician positions, the
remaining four proposals, relating to such conversions, are decided
herein. See American Federation of Government Employees, AFL-CIO, Local
3742 and Department of the Army, Headquarters, 98th Division (Training),
Webster, New York