15:0818(156)CA - DOD, NG Bureau, State of Georgia, DOD Military Division, Atlanta, GA and Georgia ACT, ACT -- 1984 FLRAdec CA



[ v15 p818 ]
15:0818(156)CA
The decision of the Authority follows:


 15 FLRA No. 156
 
 DEPARTMENT OF DEFENSE
 NATIONAL GUARD BUREAU
 STATE OF GEORGIA
 DEPARTMENT OF DEFENSE
 MILITARY DIVISION
 ATLANTA, GEORGIA
 Respondent
 
 and
 
 GEORGIA ASSOCIATION OF CIVILIAN
 TECHNICIANS, ACT, INC.
 Charging Party
 
                                            Case No. 4-CA-668
 
                            DECISION AND ORDER
 
    This matter is before the Authority pursuant to the Regional
 Director's "Order Transferring Case to the Federal Labor Relations
 Authority" in accordance with section 2429.1(a) of the Authority's Rules
 and Regulations.
 
    Upon consideration of the entire record, including the parties'
 stipulation of facts, accompanying exhibits, and briefs submitted by the
 Respondent and the General Counsel, the Authority finds:  The Charging
 Party, Georgia Association of Civilian Technicians, ACT, Inc. (the
 Union), is the exclusive representative of a bargaining unit of the
 Respondent's civilian technicians.  In 1980, while the parties were
 engaged in negotiations for a new agreement, a dispute arose concerning
 the wearing of military uniforms by civilian technicians.  When the
 parties were unable to resolve this issue, the matter was submitted to
 the Federal Service Impasses Panel (the Panel).
 
    On October 6, 1980, the Panel issued a Decision and Order in Case No.
 79-FSIP-107 which directed the parties to adopt the following language
 in their agreement:
 
          Section 1.  Excepted employees while performing their
       technician duties will at their day to day option wear an agreed
       upon standard civilian attire as specified in Section 7 or
       appropriate military uniform.  It is understood by Employer and
       the Union that if the option chosen is standard civilian attire,
       the cost of purchase, repair, replacement, and upkeep of the
       standard civilian attire will be at no expense to the Employer.
       It is agreed that employees are required to wear the appropriate
       military uniform, in accordance with applicable directives, when
       performing duties in a technician status under the following
       conditions or situations:
 
          Section 1a.  Personnel whose technician duties require them to
       participate in regular and frequent flying activities will be
       required to wear appropriate flying gear.  This shall be limited
       to two hour prior to flight and one hour subsequent to landing.
 
    On October 30, 1980, the Union orally requested that the Respondent
 adopt the FSIP Order herein.  In a written response, the Respondent
 rejected the FSIP Order.  The complaint alleges that such conduct
 violated section 7116(a)(1), (5), (6) and (8) of the Statute.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determinations.
 
    The Authority finds that the facts and positions of the parties
 involved herein are substantially similar to those set forth in the
 Authority's Decision and Order Upon Remand issued in Division of
 Military and Naval Affairs, State of New York, Albany, New York, 15 FLRA
 No. 65 (1984), wherein the Authority found that the determination by the
 National Guard Bureau that technicians must wear the military uniform
 while performing technician duties constitutes management's choice of
 "methods, and means of performing work" within the meaning of section
 7106(b)(1) of the Statute.  For the reasons expressed in State of New
 York the Authority finds that the failure of the Respondent to cooperate
 in the final decision and order of the Panel did not constitute a
 violation of section 7116(a)(1), (5), (6) and (8) of the Statute.
 
                                   ORDER
 
    IT IS ORDERED that the complaint in Case No. 4-CA-668 be, and it
 hereby is, dismissed in its entirety.
 
    Issued, Washington, D.C., August 30, 1984
 
                                       Barbara J. Mahone, Chairman
                                       R