23:0262(33)AR - Wyoming Air NG (WANG) and NAGE,Local No. 14-76 -- 1986 FLRAdec AR



[ v23 p262 ]
23:0262(33)AR
The decision of the Authority follows:


 23 FLRA No. 33
 
 WYOMING AIR NATIONAL GUARD
 (WANG)
 Agency
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES (NAGE), LOCAL NO. 14-76
 Union
 
                                            Case No. 0-AR-1117
 
                                 DECISION
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on an exception to the award of
 Arbitrator James A. Evenson filed on behalf of the Agency by the
 Departments of the Army and the Air Force, National Guard Bureau under
 section 7122(a) of the Federal Service Labor-Management Relations
 Statute and part 2425 of the Authority's Rules and Regulations.  The
 Union filed an opposition.  /*/
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    The grievance in this case arose when prior to the expiration of the
 parties' collective bargaining agreement the Agency notified the Union
 that on expiration of the agreement, it was electing no longer to be
 bound by the practice embodied in Article XXIX, Section 1 of the
 agreement relating to the wearing of the military uniform by civilian
 technicians.  The Agency also notified the Union that beginning on a
 specified date, which constituted the Agency's determination as to when
 the agreement expired, civilian technicians would be required in
 accordance with agency regulation to wear the military uniform while
 performing technician duties.  Article XXIX, Section 1 of the agreement
 provided that technicians had the option while performing their
 technician duties of wearing either the appropriate military uniform or
 "standard civilian attire . . . approved by the Adjutant General." A
 grievance was filed and submitted to arbitration essentially disputing
 that the agreement expired on the date specified by the Agency.
 
    In resolving the grievance the Arbitrator noted that consistent with
 the decisions of the Authority, the parties agreed that the requirement
 that civilian technicians wear the military uniform is a permissive
 subject of bargaining under section 7106(b)(1) of the Statute and that
 on expiration of the parties' collective bargaining agreement, the
 Agency at that time could require the wearing of the military Uniform.
 In agreement with the Union, however, he determined that the agreement
 had not expired on the date specified by the Agency and that the Agency
 had violated the agreement by requiring the wearing of the military
 uniform beginning on that date.  Accordingly, as his award, the
 Arbitrator sustained the grievance and ordered the Agency to comply with
 the terms of the collective bargaining agreement until the agreement
 expired.
 
                              III.  EXCEPTION
 
    The Agency contends t