21:0905(105)NG - NAGE, Local R14-87 and Dept. of the Army, Kansas Army NG -- 1986 FLRAdec NG
[ v21 p905 ]
21:0905(105)NG
The decision of the Authority follows:
21 FLRA No. 105
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R14-87
Union
and
DEPARTMENT OF THE ARMY,
KANSAS ARMY NATIONAL GUARD
Agency
Case No. 0-NG-879
DECISION AND ORDER ON NEGOTIABILITY ISSUES
I. Statement of the Case
This case is before the Authority becuase of a negotiability appeal
filed under section 7105(a)(2)(E) of the Federal Service
Labor-Management Relations Statute (the Statute) and concerns the
negotiability of two Union proposals involving bargaining unit employees
who are transferred to different duty stations within the state of
Kansas as the result of a reduction-in-force (RIF),
II. Union Proposal 1
Individuals affected will be furnished transportation and
travel expenses until such time as they elect to move their
families permanently.
A. Positions of the Parties
The Agency contends that this proposal would require employees to be
reimbursed for commuting expenses and, thus, is inconsistent with 5
U.S.C. Section 5704. In support, the Agency relies on the Authority's
decision in National Treasury Employees Union and Department of
Treasury, Internal Revenue Service, 9 FLRA 726 (1982).
The Union argues that the case relied upon by the Agency concerns
employees' commuting expenses from their residences to their regular
place of employment and is not applicable to employees being transferred
from one part of Kansas to another as a result of a RIF. Finally, the
Union argues that, by requiring a transferred employee to be reimbursed
for travel and transportation expenses for a reasonable period of time
until such employee permanently moves to the new job location, the
proposal is an attempt to alleviate the impa