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57 FLRA No. 21
Georgia Association of Civilian Technicians and United States Department of Defense National Guard Bureau, Georgia Army and Air National Guard, Atlanta, Georgia, Case No. 0-NG-2566 (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 found that the provision was not contrary to law, and ordered the Agency to rescind its disapproval. The Authority noted that on a prior case it concluded that a similar provision permitting technicians to wear attire other than the military uniform when appearing as grievants or witnesses at third-party proceedings was not inconsistent with either § 709(b)(4) or management's right to assign work under § 7106(a)(2)(B) of the Statute. Thus, based on prior case law, the Authority found that the provision was not contrary to § 709(b)(4) nor that it affected management's right to assign work under the Statute.