11:0228(48)NG - NFFE Local 1671 and Arkansas Army NG -- 1983 FLRAdec NG

[ v11 p228 ]
The decision of the Authority follows:

 11 FLRA No. 48
                                            Case No. O-NG-72
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute), and raises issues
 relating to the negotiability of one multi-part Union proposal (set
 forth in an appendix to this decision).  Upon careful consideration of
 the entire record, including the parties' contentions, the Authority
 makes the following determination.
    The proposal at issue in this case, presented by the Union in
 response to implementation by the Agency of a program, inter alia, to
 convert civilian technician vacancies to positions to be filled instead
 by active duty military personnel, would prevent the Agency from
 converting certain specified technician vacancies to full time military
 positions.  As to this proposal, the Agency in its statement of position
 contends only that it is nonnegotiable "where it impacts on the right of
 management to convert a vacant technician position to full-time military
 and fill with military personnel." /1/ The Union's proposal in this
 regard is not materially different from Union Proposal 1 in American
 Federation of Government Employees, AFL-CIO, Local 3742 and Department
 of the Army, Headquarters, 98th Division (Training), Webster, New York,
 11 FLRA No. 42 (1983) which the Authority found to conflict with the
 Agency's right to determine its "organization" under section 7106(a)(1)
 of the Statute.  Therefore, as this proposal would also prevent the
 Agency from determining its organization, that is, which positions will
 be filled with civilian technicians and which positions will be filled
 by active duty military personnel, it is outside the duty to bargain.
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the Union's petition for review be, and
 it hereby is, dismissed.  Issued, Washington, D.C., February 3, 1983
                                       Ronald W. Haughton, Chairman
                                       Henry B. Frazier III, Member
                                       Leon B. Applewhaite, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
                                 Chapter I
                            General Information
    1-1.  Message, NFB-ARP-MU dated 100537Z Feb 79, authorizes the State
 of Arkansas to order personnel to full-time military status under the
 provisions of Title 32 USC, Section 503, for vacancies supported in the
 latest FY79 technician manpower vouchers, at the discretion of the
 Adjutant General.  This program is known as Conversion of New or
 Selected Technician Spaces to Full-Time Military (CFTM).
    1-2.  The latest technician manpower vouchers will determine how many
 spaces are to be converted.  A combination of CFTM and technician spaces
 may not exceed the State's manpower allocation.
    1-3.  Positions which may be converted to full-time military are:
    a.  All new or additional positions authorized since 1 January 1979.
 A "new" position is one not previously authorized or which does not
 replace or succeed another.  These positions may be used to accommodate
 the placement of personnel displaced by reduction-in-force actions.
    b.  All current or future vacancies which are not filled by merit
 placement actions.
    c.  Once a position has been converted and filled by a military
 member it will remain a military position unless otherwise approved by
    1-4.  Persons selected by this program will be ordered to Full-Time
 Training Duty (FTTD) under the provisions of Title 32 USC, Section 503,
 for a period of two (2) years.  This test program is budgeted through FY
 1980.  In the event that the program is not continued participating ARNG
 personnel may complete their tours and every effort will be made to
 place the individual in other full-time support programs.  If this
 program is adopted for continuation beyond the test period, an
 appropriate career management system will be adopted after proper
 negotiations with union officials.
                                Chapter II
                          Conversion of Positions
    2-1.  The conversion of any technician position, whether they be new
 positions as defined in paragraph 1-3a or current or future technician
 vacancies, will be accomplished as follows:
    a.  No position which carries a civilian grade of GS-6 or WG-10 will
 be converted to FTTD until such position has been advertised as a
 civilian technician position and after which it is determined under the
 provisions of the State Merit Promotion/Placement Plan that no on-board
 technicians are qualified to fill that the higher grade and their
 vacated lower position would then be filled by FTTD personnel.  The
 request for conversion of a new or vacant position must be made to the
 Adjutant General from the commander of the unit or facility concerned.
 The Adjutant General will determine whether a new position is to be
 filled by a National Guard member on FTTD or by a current National Guard
 Technician.  Upon approval of the conversion of a new position to a
 military position by TAG, the Technician Personnel Officer will initiate
 a statewide announcement of the military position.  The appropriate
 announcement will contain desired qualifications to include required
 MOS, and the specified duties of the position.  The position vacancy
 announcement will be effective for a minimum of 15 calendar days, but
 not more than 30 calendar days.
    b.  In those cases where an effort is made, or becomes necessary in
 the future to be made, to convert a position occupied by a technician,
 prior to any personnel action being taken toward the technician, the
 Personnel Management Officer will advise the employee of his right to
 union representation, and such representation will be made available
 prior to any decision by the employee or management.
    c.  Those technicians occupying a position that is to be converted to
 FTTD will be given an opportunity, and if militarily qualified, to
 volunteer for such conversion.  If the technician requests a transfer to
 another existing vacant position within the State rather than convert to
 FTTD, then those provisions of the JTR and other regulations governing
 moving expenses and relocation allowances will be interpreted in as
 broad a manner as possible.  This interpretation will include the right
 of a trip by the technician to the new work site to determine
 suitability of the site at government or State expense.
    d.  Once a decision is made by the Adjutant General to convert a
 position, whether to FTTD or civilian technician, the decision will
 remain until it is determined that no qualified individual can be found.
  If the decision was made to fill the position in a civilian technician
 status, the Local union representing that technici