Association of Civilian Technicians (Union) and State of Georgia, Department of Defense, Military Division, Atlanta, Georgia (Activity) (Authority decision, July 18, 1980)

Final FLRA decision. This negotiability order ends the petition before the Authority. An aggrieved person may seek judicial review in a court of appeals within 60 days of issuance under 5 U.S.C. § 7123(a).

Plain-English summary

A National Guard technicians union sought a negotiability ruling on civilian work attire as an alternative to military uniforms. The agency stated that it had not declared the proposal nonnegotiable. With no negotiability dispute left to decide, the Authority dismissed the petition without prejudice.

Decision snapshot

• Authority: 5 U.S.C. § 7117.
• Outcome: Petition dismissed as moot without prejudice.
• Key point: The Authority would consider a new petition if the agency later alleged nonnegotiability.

Full text (FLRA public release)

[ 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