37:0490(36)NG - - NAGE Local R14-73 and DOD, NG Bureau, Missouri Army NG - - 1990 FLRAdec NG - - v37 p490



[ v37 p490 ]
37:0490(36)NG
The decision of the Authority follows:


37 FLRA No. 36

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R14-73

(Union)

and

U.S. DEPARTMENT OF DEFENSE

NATIONAL GUARD BUREAU

MISSOURI ARMY NATIONAL GUARD

(Agency)

0-NG-1798

DECISION AND ORDER ON NEGOTIABILITY ISSUE

September 25, 1990

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on a negotiability appeal filed by the Union under section 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). The dispute concerns the negotiability of a single proposal that would require the Agency to bargain over alternative work schedules for technicians employed in the Missouri National Guard. For the reasons discussed below, we find that the proposal is outside the Agency's duty to bargain because it conflicts with section 709(g) of the National Guard Technician Act, 32 U.S.C. § 709(g) (1988) (Technician Act).

II. Proposal

The Union may propose flextime or alternative work schedules for any or all worksites at anytime during the term of this agreement. Any agreement reached is subject to approval by NGB pursuant to applicable regulations.

A. Positions of the Parties

The Agency maintains that the proposal would require it to bargain over the establishment of flexibl