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60 FLRA No. 73
Association of Civilian Technicians, Wichita Air Capitol Chapter and U. S. Dept. of Defense, National Guard Bureau Kansas National Guard, Topeka, Kansas Case No. 0-NG-2581 (58 FLRA 28 (2002)) (58 FLRA 483 (2003)) (Decided October 22, 2004)
This case came before the Authority on remand from the United States Court of Appeals for the District of Columbia Circuit in Association of Civilian Technicians, Wichita Air Capitol Chapter v. FLRA, 360 F.3d 195 (D.C. Cir. 2004) (Wichita Air Capitol Chapter) (reviewing 58 FLRA 28 (2002) (ACT, Wichita), reconsideration denied 58 FLRA 483 (2003)). In the original matter, ACT, Wichita, the Union filed a petition for review on a negotiability matter under § 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute.
The petition for review concerned one proposal, consisting of six paragraphs. The Authority denied the Union's request that the proposal be severed on the ground that the request failed to comply with the Authority's regulatory requirements governing severance. The Authority determined that the proposal was nonnegotiable as it was inconsistent with 10 U.S.C. § 976.
The D.C. Circuit reversed this determination and remanded the matter of the proposal's negotiability to the Authority for further processing. In this decision, the Authority addressed the additional arguments raised by the parties concerning the proposal. The Authority found that the proposal affected the Agency's right to assign work and was outside the duty to bargain. Accordingly, the petition was dismissed.