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59 FLRA No. 113
AFGE, Local 3529 and U. S. Dept. of Defense Defense Contract Audit Agency, Central Region, Irving, Texas Case No. 0-NG-2694 (Decided January 30, 2004)
This case concerned the negotiability of one proposal. The proposal sought to establish a child care subsidy program for employees of the Defense Contract Audit Agency Central Region (the Agency) that would be based on guidance issued by the Office of Personnel Management (OPM) for implementing such a program, instead of on laws and regulations governing such programs for the Department of Defense (DOD). The Authority found that the proposal was not within the duty to bargain.
The Authority found that the proposal conflicted with law and the requirements under § 1798. Given the meaning and interpretation of the proposal as establishing an exclusively OPM-based child care subsidy program, the proposal would preclude the Agency from complying with other eligibility requirements applicable to civilian child care providers for DOD entities under § 1798.