[ v03 p686 ]
03:0686(110)NG
The decision of the Authority follows:
3 FLRA No. 110 ASSOCIATION OF CIVILIAN TECHNICIANS, Union and STATE OF GEORGIA, DEPARTMENT OF DEFENSE, MILITARY DIVISION, ATLANTA, GEORGIA, Activity Case No. 0-NG-251 ORDER THE ASSOCIATION OF CIVILIAN TECHNICIANS (THE UNION) FILED A PETITION FOR REVIEW OF NEGOTIABILITY ISSUES, AND THE NATIONAL GUARD BUREAU, ON BEHALF OF THE DEPARTMENT OF DEFENSE (THE AGENCY), FILED A STATEMENT IN RESPONSE TO THE UNION'S PETITION. IN ITS PETITION THE UNION ASSERTS THAT THE AGENCY, DURING THE COURSE OF FEDERAL SERVICE IMPASSES PANEL PROCEEDINGS (CASE NO. 79 FSIP 107), ALLEGED THAT A UNION PROPOSAL RELATED TO THE WEARING OF STANDARD CIVILIAN WORK ATTIRE AS AN ALTERNATIVE TO THE MILITARY UNIFORM WAS NONNEGOTIABLE. IN ITS SUBMISSION, THE AGENCY STATES THAT NEITHER THE BUREAU NOR THE GEORGIA DEPARTMENT OF DEFENSE EVER ALLEGED THAT "THE ISSUE OF STANDARD CIVILIAN WORK ATTIRE, AS AN ALTERNATIVE TO THE MILITARY UNIFORM WAS NONNEGOTIABLE". BASED UPON THE AGENCY'S DISCLAIMER THAT THERE IS ANY DISPUTE AS TO WHETHER THE UNION'S PROPOSAL IS WITHIN THE DUTY TO BARGAIN UNDER THE STATUTE, THE CASE BEFORE THE AUTHORITY HAS BEEN RENDERED MOOT. ACCORDINGLY, THE UNION'S PETITION IS HEREBY DISMISSED WITHOUT PREJUDICE TO RESUBMIT THE MATTER TO THE AUTHORITY AT SOME LATER TIME SHOULD THE AGENCY ALLEGE THE MATTER NONNEGOTIABLE. FOR THE AUTHORITY. ISSUED, WASHINGTON, D.C., JULY 18, 1980 SAMUEL A. CHAITOVITZ, EXECUTIVE DIRECTOR SERVICE SHEET COPIES OF THE AUTHORITY'S ORDER DATED JULY 18, 1980, IN CASE NO. O-NG-251, SENT TO THE FOLLOWING: MR. NEIL A. BATES NATIONAL FIELD REPRESENTATIVE ASSOCIATION OF CIVILIAN TECHNICIANS 165 WEST WIEUCA ROAD, N.E., ROOM 204 ATLANTA, GEORGIA 30342 MR. BERNARD W. HURLOCK DEPUTY CHIEF OFFICE OF TECHNICIAN PERSONNEL NATIONAL GUARD BUREAU WASHINGTON, D.C. 20310 MR. DAVID H. GREEN, DIRECTOR LABOR-MANAGEMENT RELATIONS DEPARTMENT OF DEFENSE OASD (MRA&L) ROOM 3D264, THE PENTAGON WASHINGTON, .D.C. 20301