Association of Civilian Technicians and Wisconsin Army National Guard, Madison, Wisconsin (Authority decision, August 9, 1984)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on a negotiability petition. An aggrieved person may seek judicial review by filing a petition in an appropriate United States court of appeals within 60 days after issuance under 5 U.S.C. § 7123(a). Filing a petition does not stay the Authority's order unless the court orders a stay under 5 U.S.C. § 7123(c).

Plain-English summary

The Association of Civilian Technicians proposed that Wisconsin Army National Guard technicians generally wear civilian clothes while performing technician duties, with listed occasions for military uniforms. The Authority found that the Guard's military uniform requirement was a management choice of methods and means of performing work under 5 U.S.C. § 7106(b)(1). That subject could be bargained only if the agency elected to do so, and the Guard had not elected to bargain. The Authority dismissed the union's petition and held the proposal outside the duty to bargain.

Decision snapshot

• Authority: Management methods and means under 5 U.S.C. § 7106(b)(1).
• Outcome: Civilian attire proposal held nonnegotiable; petition dismissed.
• Key point: A National Guard uniform requirement was negotiable only at the agency's election.

Full text (FLRA public release)

[ v15 p454 ]

15:0454(94)NG

The decision of the Authority follows:

15 FLRA No. 94

ASSOCIATION OF CIVILIAN
TECHNICIANS
Union

and

WISCONSIN ARMY NATIONAL
GUARD, MADISON, WISCONSIN
Agency

Case No. O-NG-813

DECISION AND ORDER ON NEGOTIABILITY ISSUE

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

APPENDIX

ARTICLE XXIV

DRESS CODE

SECTION 1-- POLICY

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.

SECTION 2-- 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 front.

(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 type.

(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 worn.)

(16) Belts, leather type with buckle.

SECTION 3-- REQUIREMENTS FOR MILITARY UNIFORM: Wisconsin Army 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 situations:

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 function.

c. When representing the WIARNG during funerals and such special functions as parades, inaugurations, and other special military ceremonies.

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 technicians.

--------------- 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.