14:0057(11)AR - Wisconsin Army NG and ACT -- 1984 FLRAdec AR



[ v14 p57 ]
14:0057(11)AR
The decision of the Authority follows:


 14 FLRA No. 11
 
 WISCONSIN ARMY
 NATIONAL GUARD
 Activity
 
 and
 
 ASSOCIATION OF CIVILIAN
 TECHNICIANS
 Union
 
                                            Case No. O-AR-385
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Robert J. Mueller filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute (the Statute)
 and part 2425 of the Authority's Rules and Regulations.  The Union filed
 an opposition.
 
    The dispute in this matter concerns the removal of a national guard
 technician under section 709(e) of the National Guard Technicians Act of
 1968 (the Technicians Act), 32 U.S.C. 709(e)(1976).  The technician
 filed a grievance concerning his removal that was submitted to
 arbitration on the issue of whether the grievance was arbitrable.  As
 his award, the Arbitrator ruled that the grievance was subject to
 arbitration on its merits and directed the Activity to proceed to
 arbitration absent resolution of the grievance.
 
    The Agency now contends that the award is contrary to law,
 specifically section 709(e) of the Technicians Act.
 
    A number of decisions and orders by the Authority on negotiability
 issues pursuant to section 7105(a)(2)(E) of the Statute, essentially
 determining, as relevant here, that coverage by a nego