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Negotiability Digest Series

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56 FLRA No. 82

Association of Civilian Technicians Tony Kempenich Memorial, Chapter 21 and U.S. Department of Defense National Guard Bureau Minnesota National Guard, Case No. O-NG-2490 (Decided July 31, 2000)

      This case concerned the negotiability of three provisions disapproved by the Agency head under section 7114(c) of the Statute. The Authority concluded that Provision 1, which required the Agency to grant official time to union officials for lobbying Congress on pending or desired legislation, was contrary to law. However, the portion of the provision that related solely to the granting of official time to lobby Congress regarding desired legislation was not contrary to law.

      Provision 2, which allowed technicians to wear civilian attire while processing grievances at any step of the negotiated grievance procedure, was not contrary to law. Provision 3 required the Agency to use civilian terms of address in verbal or written communications with technicians involved in a dispute concerning their conditions of employment. The portion of the provision that related solely to use of civilian terms of address in written communications was not contrary to law.



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