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56 FLRA No. 180
Association of Civilian Technicians, Wichita Air Capitol Chapter and U.S. Department of Defense, Civilian Personnel Management Service, Case No. O-NG-2525 (Decided December 28, 2000)
This appeal concerned a single provision, establishing a crediting plan, that was disapproved by the agency head pursuant to review under section 7114(c) of the Statute. The Authority subsequently ordered the parties to address questions related to the interpretation of the provision at the bargaining table and its relation to the proposal in ACT, Heartland Chapter, 56 FLRA 236 (2000). The Authority found that the provision was consistent with law under section 7117(a)(1) of the Statute and ordered the Agency to rescind its disapproval.
The Authority found that the Provision did not conflict with the Agency's regulation. The Authority stated that Agency regulations only bar negotiation of conflicting proposals, and then only if there is a compelling need for the regulation. Since the Authority determined that there was no conflict between the provision and the regulation, it was not necessary to address whether there was a compelling need for Requirement 3(c) under section 2424.50 of the Authority's Regulations. The Authority also concluded that the provision did not affect management's rights under section 7106(a)(2)(B) and (C) of the Statute.