Association of Civilian Technicians (Union) and State of Georgia, Department of Defense, Military Division, Atlanta, Georgia (Activity)  

 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