15:0476(101)CA - State of Nevada NG and NAGE Local R12-130 and R12-145 -- 1984 FLRAdec CA



[ v15 p476 ]
15:0476(101)CA
The decision of the Authority follows:


 15 FLRA No. 101
 
 STATE OF NEVADA NATIONAL 
 GUARD
 Respondent
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R12-130 AND R12-145
 Charging Party
 
                                            Case No. 9-CA-49
                                                  7 FLRA 245
 
                      DECISION AND ORDER UPON REMAND
 
    This proceeding is before the Authority upon remand by the U.S. Court
 of Appeals for the Ninth Circuit.  This case was before the court on
 petition for review of a Decision and Order of the Authority /1/ in
 which the Respondent had been found to have violated section 7116(a)(1)
 and (6) of the Federal Service Labor-Management Relations Statute (the
 Statute) by its refusal to cooperate in a final decision and order of
 the Federal Service Impasses Panel (the Panel) /2/ which involved the
 attire to be worn by National Guard technicians when performing civilian
 technician duties.  Inasmuch as the circumstances involved in this case
 are similar in all relevant and material respects to those in Division
 of Military and Naval Affairs, State of New York, Albany, New York, 8
 FLRA 158 (1982), remanded sub nom. State of New York v. FLRA, 696 F.2d
 202 (2nd Cir. 1982), the Authority upon remand of State of New York
 requested, and the court ordered, remand of the instant case.  Pursuant
 to th