18:0344(45)NG - NAGE Local R14-9 and Army Dugway Proving Ground, Dugway, UT -- 1985 FLRAdec NG



[ v18 p344 ]
18:0344(45)NG
The decision of the Authority follows:


 18 FLRA No. 45
 
 NATIONAL ASSOCIATION 
 OF GOVERNMENT EMPLOYEES, 
 LOCAL R14-9 
 Union 
 
 and
 
 U.S. ARMY DUGWAY PROVING 
 GROUND, DUGWAY, UTAH 
 Agency
 
                                            Case No. 0-NG-733
 
                 DECISION AND ORDER ON NEGOTIABILITY ISSUE
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(D) and (E) of the Federal Service
 Labor-Management Relations Statute (the Statute), and raises an issue
 regarding the negotiability of the following Union proposal:
 
          Affected employees (shall) be placed on administrative leave
       without charge to annual leave for the period of partial closure.
 
    Upon careful consideration of the entire record, including the
 parties' contentions, the Authority makes the following determination.
 The Agency refused to bargain over the Union's proposal which would
 require the granting of administrative leave to employees compelled to
 take leave during the partial closure, contending that the proposal is
 inconsistent with Agency regulations /1/ for which there is a compelling
 need and, therefore, barred from negotiations under section 7117(a)(2)
 of the Statute.  /2/ The Agency contends that the regulations are
 essential, as provided under section 2424.11(a) of the Authority's Rules
 and Regulations, /3/ to insure the Agency's objective of curtailing
 operations in order to reduce expenditures during unproductive periods
 of operation is not negated by the expense incurred by granting
 adm