33:0530(72)AR - - ACT, Michigan State Council and Michigan Air NG - - 1988 FLRAdec AR - - v33 p530
[ v33 p530 ]
The decision of the Authority follows:
33 FLRA No. 72
FEDERAL LABOR RELATIONS AUTHORITY
ASSOCIATION OF CIVILIAN TECHNICIANS
MICHIGAN STATE COUNCIL
MICHIGAN AIR NATIONAL GUARD
(32 FLRA 1207)
ORDER DENYING REQUEST FOR RECONSIDERATION
October 28, 1988
Before Chairman Calhoun and Member McKee.
I. Statement of the Case
This case is before us on the Union's request for reconsideration of our September 16, 1988 decision. For the following reasons, we deny the request.
In our decision, we determined that the Arbitrator's award, which found that civilian technicians wearing the military uniform could not be required to observe military customs and courtesies prescribed by military regulation for the military uniform when off the military base or during their lunch periods, was deficient. We concluded that the award was contrary to section 7106(b)(1) of the Federal Service Labor-Management Relations Statute (the Statute).
We found that the requirement that civilian technicians observe military customs and courtesies whenever they are wearing the military uniform must be considered as part of the uniform-wearing requirement. Therefore, we found that the requirement that civilian technicians observe military customs and courtesies when wearing the uniform constituted a method and means of performing work over which the Agency had not elected to bargain. Accordingly, we decided that by negating the Agency's requirement that military customs and courtesies be observed whenever civilian technicians are wearing the military uniform, the award