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57 FLRA No. 19
Association of Civilian Technicians, Montana Air Chapter 29 and U.S. Dept. of Defense, National Guard Bureau, Montana National Guard, Helena, Montana, Case No. 0-NG-2553 (Decided April 5, 2001)
This case concerned the negotiability of one provision disapproved by the Agency head under § 7114(c) of the Statute. The Authority concluded that the provision was not contrary to law, and ordered the Agency to rescind its disapproval. The provision allowed employees in the bargaining unit to not wear their uniforms while processing a personal grievance beyond the first step of the negotiated grievance procedure, or while appearing as grievant or witness in any third party proceeding.
The Authority concluded that the provision was not inconsistent with the military uniform requirement in § 709(b)(4). As amended, § 709(b)(4) provides that dual status technicians while performing duties as a military technician (dual status), wear the uniform appropriate for the member's grade and component of the armed forces. Likewise, the Authority concluded that the
Provision did not affect management's right to assign work The Authority noted that the right to assign work under § 7106(a)(2)(B) of the Statute encompasses the right to determine the particular duties to be assigned, when work assignments will occur, and to whom or what positions the duties will be assigned. Nothing in the wording of the provision or the Union's statement of intent directed the Agency to assign work to a technician or to refrain from assigning work to a technician. Rather, the provision only addressed the attire a technician would wear in the circumstances described in the provision. Therefore, the Authority concluded that the provision did not affect management's right to assign work under § 7106(a)(2)(B) of the Statute.