Click here to view the decision.
56 FLRA No. 33
Association of Civilian Technicians Roughrider Chapter and U.S. Department of Defense, North Dakota National Guard Bismark, North Dakota, Case No. 0-NG- 2444 (Decided April 27, 2000)
The Authority adopted the Judge's recommendations as to Provisions 1 and 3 and directed the Agency to rescind its disapproval of these provisions. The Authority noted that it agreed with the Judge's conclusion that Provision 1, which allowed a technician to wear civilian attire at third-party proceedings, was not inconsistent with the requirements in 32 U.S.C. § 709(b)(3). Section 709(b)(3) requires a technician to wear a military uniform "while performing duties as a technician."
The Authority also agreed with the Judge's conclusion that the two disputed portions of Provision 3 did not affect management's rights, under sections 7106(a)(2)(A) and (B), to direct employees and to assign work. The first disputed portion of Provision 3 allowed an employee to grieve the content of a performance standard that did not correspond to that employee's position description. The remaining disputed portion of the provision allowed an employee to grieve the content of a performance standard that did not accurately reflect the actual duties performed by that employee.