Montana Chapter of Association of Civilian Technicians, Inc. v. Brigadier General Rodger D. Young, Chief of Staff of Air and Base Detachment Commander

This action was instituted by the plaintiff Union, the exclusive representative of the Montana Air National Guard technicians, challenging the alleged determination of non-negotiability with respect to requirements which are imposed upon the Air National Guard technicians while performing their technician duties. Plaintiff was granted exclusive recognition pursuant to Executive Order 10988 in March of 1969. Executive Order 10988 was superseded by Executive Order (E.O.) 11491, 3 C.F.R. 254 (1974). Labor-management relations in the federal service are currently governed by E.O. 11491.

Employment of civilian technicians in the National Guard was authorized by the National Guard Technicians Act of 1968, 32 U.S.C.A. § 709 . As a condition of their employment such technicians are required to be members of the National Guard. 32 U.S.C.A. § 709 (b), (d). A technician is deemed to be a federal employee and the Adjutant General of the state is charged with employing and administering the technicians authorized by the Act. As members of the Air National Guard the civil technicians are subject to the requirements of the Air Force Manual and the Air National Guard Regulations.…