17:0546(80)NG - NAGE and Army and Air Force, NG Bureau -- 1985 FLRAdec NG



[ v17 p546 ]
17:0546(80)NG
The decision of the Authority follows:


 17 FLRA No. 80
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES 
 Union 
 
 and 
 
 DEPARTMENT OF THE ARMY 
 AND THE AIR FORCE, 
 NATIONAL GUARD BUREAU 
 Agency
 
                                            Case No. 0-NG-932
 
                DECISION AND ORDER ON NEGOTIABILITY ISSUES
 
    The petition for review in this case comes before the Federal Labor
 Relations Authority (Authority) pursuant to section 7105(a)(2)(D) and
 (E) of the Federal Service Labor-Management Relations Statute (the
 Statute) and raises issues concerning the negotiability of a single
 Union proposal.  Upon careful consideration of the record as a whole,
 including the parties' contentions, the Authority makes the following
 determinations.
 
                              Union Proposal
 
          Technicians applying for promotion under the Merit Promotion
       Plan to positions in support activities which are not mobilization
       entities will be considered eligible for that promotion regardless
       of the compatibility requirement.
 
    The National Guard Technicians Act of 1968 (32 U.S.C. 709(b)) /1/
 mandates that civilian technicians maintain military membership in the
 National Guard and hold the military grade specified for their civilian
 position.  The National Guard Bureau regulations implementing this
 statutory provision (TPR 300