18:0340(44)CA - Missouri NG, Office of the Adjutant General, Jefferson City, MO and NAGE Locals R14-68, 71, 73 and 97 -- 1985 FLRAdec CA

 18 FLRA No. 44
 
 MISSOURI NATIONAL GUARD 
 OFFICE OF THE ADJUTANT GENERAL 
 JEFFERSON CITY, MISSOURI 
 Respondent 
 
 and 
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCALS R14-68, 71, 73 and 97 
 Charging Party
 
                                            Case No. 7-CA-30494
 
                            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 stipulation of
 facts, accompanying exhibits, the parties' contentions, and an amicus
 curiae brief filed by the Office of Personnel Management (OPM), /1/ the
 Authority finds:
 
    The complaint alleges that the Missouri National Guard, Office of the
 Adjutant General, Jefferson City, Missouri (the Respondent) violated
 section 7116(a)(1) and (5) of the Federal Service Labor-Management
 Relations Statute (the Statute) /2/ by refusing to negotiate over a
 flexitime plan as requested by the National Association of Government
 Employees, Locals R14-68, 71, 73 and 97.
 
    The stipulated record reveals that each of the Unions, at all times
 material herein, has been certified as the exclusive representative for
 a bargaining unit of the Respondent's employees, and that collectively
 they comprise the Missouri Council of Locals, National Association of
 Government Employees (the Council).  At all times material herein, the
 Council and the Respondent have been parties to a collective bargaining
 agreement, which became effective on November 28, 1979.
 
    This agreement, pursuant to Article 23, Section 3, was automatically
 renewed in November 1982 for anothe