15:0330(70)NG - ACT and Delaware NG -- 1984 FLRAdec NG

 15 FLRA No. 70
 
 ASSOCIATION OF CIVILIAN TECHNICIANS, 
 INC.
 Union
 
 and
 
 DELAWARE NATIONAL GUARD
 Agency
 
                                            Case No. O-NG-540
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    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).  The issue presented
 is the negotiability of the following Union proposal:
 
          Prior to an employee voluntarily converting his present
       position and status to the AGR Program, he/she will be informed
       and will sign a statement of acknowledgment that he/she
       understands that, should a termination of tour of duty occur,
       he/she will not be entitled to restoration or re-employment rights
       to vacant or occupied positions within the bargaining unit.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 The proposal is concerned with the entitlement of an employee to
 restoration or reemployment rights to vacant or occupied positions
 within the bargaining unit, when the employee voluntarily converts from
 a technician position to the Active Guard Reserve (AGR) Program.
 
    Based on the record, the Agency has asserted that under law employees
 voluntarily converting from a technician position to the AGR Program
 have certain restoration rights.  Specifically, the Agency claims that
 participation in the AGR Program is duty performed under section 502(f)
 of Title 32, /1/ which duty entitles an employee to reemployment to the
 position held by the employee when called to duty.  On its face, the
 specific language of 5 U.S.C. 3551 supports the Agency's contention.
 /2/ The Union, to the contrary, claims 5 U.S.C. 3551 does not apply to
 employees participating in the AGR Program.  However, the Union has