U.S. Federal Labor Relations Authority

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15:0454(94)NG - ACT and Wisconsin Army NG, Madison, WI -- 1984 FLRAdec NG

[ v15 p454 ]
The decision of the Authority follows:

 15 FLRA No. 94
                                            Case No. O-NG-813
    The petition for review in this case comes before the Authority
 pursuant to section 7106(a)(2)(D) and (e) of the Federal Service
 Labor-Management Relations Statute (the Statute) and presents an issue
 concerning the negotiability of one multi-part Union proposal which is
 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 Union's proposal in this case, which concerns the attire National
 Guard technicians will wear when performing technician duties, raises
 the regulations, that civilian technicians wear military uniforms when
 performing technician duties constitutes a "methods, and means of
 performing work" within the meaning of section 7106(b)(1) of the
 Statute.  This issue is the same as that which was presented in the
 Authority's decision and order upon remand in Division of Military and
 Naval Affairs, state of New York, 15 FLRA No. 65 (1984).  In that
 decision the Authority concluded that because the determination by the
 National Guard Bureau that technicians must wear military uniforms when
 performing technician duties constituted management's choice of a
 "methods, and means of performing work" within the meaning of section
 7106(b)(1) of the Statute, the uniform wearing requirement, although
 bargainable at the election of the Agency, was not within the duty to
 bargain.  Thus, based on Division of Military of Naval Affairs, State of
 New York, and the reasons and cases contained therein, the Authority
 concludes that the Agency's determination in the instant case that
 technicians must wear military uniforms when performing technician
 duties constitutes a "methods, and means of performing work" within the
 meaning of section 7106(b)(1) of the Statute and is negotiable only at
 the election of the Agency.  Since the Agency in this case has elected
 not to bargain on technician attire, the Union's proposal herein is not
 within the duty to bargain.  /1/
    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., August 9, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
    a.  Wisconsin Army National Guard Excepted Technicians, whose
 positions are included in the bargaining unit, will wear Standard
 Civilian Attire while performing their day-to-day technician duties,
 except on days or situations as defined in this article.  The Standard
 Civilian Attire must be neat, clean, and in good condition as might be
 reasonably expected under various working conditions.
    b.  No mixture of military clothing, either issued or purchased, will
 be permitted to be worn with the Standard Civilian Attire.
    a.  The Standard Civilian Attire must meet safety requirements, and
 will consist of the items listed below:
    (1) Shirts, light or heavy weight, work or dress type, long or short
 sleeve.  One or two pockets with or without flap or button.  Shirt must
 be tucked inside trousers.  In hot weather, shirt may be removed when
 authorized by the appropriate supervisor providing a plain white
 "T-shirt" is being worn.
    (2) Blouses, button-front with collar, either long or short sleeve.
    (3) Trousers, work or dress type, full length regular cut, for male
 employees.  Slacks or skirt for female employees.
    (4) Jacket, lined or unlined, waist or hip length, zipper or button
    (5) Vest, outdoor type.
    (6) Coat, outdoor type, hip or knee length, zipper or button front.
    (7) Suits, dress, with or without vest.
    (8) Coveralls, light or heavyweight, long or short sleeve.
    (9) Parka, with hood, arctic type.
    (10) Sweater, zipper or button front, long sleeve, or pull over vest
    (11) Necktie, four-in-hand type.
    (12) Headgear, hat or cap, or scarf for female, and appropriate to
 work being performed and attire worn.
    (13) Shoes, work or dress type.
    (14) Overshoes and rubbers.  (Insulated boots may be worn by
 maintenance type employees during extremely cold temperatures when not
 in violation of any safety rule or regulation.  The color is optional.)
    (15) Socks or stockings.  (Hose for females, sheer or semi-sheer,
 with or without seams and a shade complimentary to the attire being
    (16) Belts, leather type with buckle.
 National Guard Excepted Technicians are required to wear the appropriate
 military uniform, in accordance with applicable directives, when
 performing duties in a technician status on the following conditions or
    a.  Attending courses of instruction in technician status at military
 installations when required by the installation commander.
    b.  When performing scheduled recruiting duties as their primary
    c.  When representing the WIARNG during funerals and such special
 functions as parades, inaugurations, and other special military
    d.  When performing crew member duties, and personnel on flying
 status when in military aircraft.
    e.  When representing the National Guard in any meeting with the
 Governor, the legislature or any member or committee thereof, in a court
 of law, or any city or country governmental body.
    f.  When representing the National Guard in any public relations,
 public affairs, community action or charitable activity, when mutually
 agreed between the Association and the Employer.
    g.  When bearing firearms.
    SECTION 4-- GROOMING STANDARDS:  It is expected that all technicians
 will present themselves in a neat, clean and well groomed appearance.
    SECTION 5-- SAFETY EQUIPMENT:  The Employer will continue to provide
 all safety equipment (safety shoes, safety glasses, etc.) as authorized
 by CTA 50-900 or other documents authorizing issuance of such items to
 --------------- FOOTNOTES$ ---------------
    /1/ Based on the Authority's conclusion that the proposal is outside
 the duty to bargain pursuant to section 7106(b)(1) it is unnecessary to
 consider the additional Agency contention that a compelling need exists
 for its regulation requiring the wearing of the military uniform.