17:0360(54)AR - The Adjutant General, State of Ohio and AFGE, Ohio Council of Air NG Locals No. 127, Local 3041 -- 1985 FLRAdec AR

 17 FLRA No. 54
 
 THE ADJUTANT GENERAL,
 STATE OF OHIO
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, OHIO COUNCIL OF AIR
 NATIONAL GUARD LOCALS NO. 127, LOCAL 3041
 Union
 
                                            Case No. O-AR-645
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Alan M. Ruben filed by the Union pursuant to section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    The dispute in this matter arose when the Agency informed the Union
 that after the expiration of the parties' collective bargaining
 agreement, all civilian technicians of the Ohio Air National Guard would
 have to wear the military uniform while on duty as required by National
 Guard regulations.  The parties' agreement provided that the technicians
 could annually elect to wear standardized civilian attire rather than
 the military uniform while on duty.  A grievance was filed by a
 technician who, prior to the expiration of the agreement, had elected to
 wear the civilian attire.
 
    The Arbitrator interpreted the pertinent provision in the parties'
 agreement as constituting a limitation on employees, finding that the
 provision was intended to prevent employees from frequently changing
 their minds and switching from one type of dress to another.  The
 Arbitrator therefore rejected the Union's argument that since the
 grievant had submitted his request prior to the expiration of the
 agreement, he had a right to wear civilian attire for the next year.
 The Arbitrator also found that the uniform-wearing requirement was a
 mandatory subject of bargaining, but concluded that since an impasse had
 developed in ne