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58 FLRA No. 9
Association of Civilian Technicians, Wichita Air Capitol Chapter and U. S. Dept. of Defense National Guard Bureau, Kansas National Guard, Topeka, Kansas, Case No. 0-NG-2581 (Decided September 6, 2002)
This case concerned the negotiability of one proposal which the Authority found to be nonnegotiable. As a preliminary matter, the Authority rejected the Union's requests to sever the proposal if found nonnegotiable. The Authority found that the Union made no attempt to explain how the severed portions would stand alone or otherwise operate.
The Authority explained that under 10 U.S.C. § 976(c), bargaining over the terms and conditions of military service is prohibited. The proposal in this case concerned military training duties, which are defined as duties required for all members of the National Guard, whether or not employees, designed to impart or measure proficiency in a military skill and requiring the achievement of a specified level of achievement. The Authority noted that because paragraph 5 of the proposal was inconsistent with § 976(c), it was outside the duty to bargain under §7117 of the Statute and, because the Union's request to sever the proposal is denied, the petition for review as to the entire proposal was dismissed.