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60 FLRA No. 180
ASSOCIATION OF CIVILIAN TECHNICIANS PUERTO RICO ARMY CHAPTER AND U. S. DOD, NATIONAL GUARD BUREAU, PUERTO RICO NATIONAL GUARD, SAN JUAN, PUERTO RICO, Case No. 0-NG-2519 (56 FLRA 493 (2000)) (56 FLRA 807 (2000)) (58 FLRA 318 (2003)) (59 FLRA 2 (2003)) (Decided May 31, 2005)
This case came before the Authority on remand from the U.S. Court of Appeals for the D.C. Circuit in ACT, Puerto Rico Army Chapter v. FLRA, 370 F.3d 1214 (D.C. Cir. 2004) (ACT v. FLRA II). The court vacated and remanded the Authority's decision in ACT, Puerto Rico Army Chapter, 58 FLRA 318 (2003) (Member Pope concurring) (Puerto Rico Nat'l Guard II), reconsideration denied, 59 FLRA 2 (2003), in which the Authority had upheld the agency head's disapproval of a collective bargaining agreement provision requiring the Agency to reimburse employees for personal expenses in certain circumstances.
The Authority found that the provision was outside the duty to bargain under § 7117(a)(1) of the Federal Service Labor-Management Relations Statute and dismissed the Union's petition for review.