California National Guard, and Department of Defense, Petitioners/cross-Respondents v. Federal Labor Relations Authority, Respondent/cross-Petitioner

On February 20, 1981, the Federal Labor Relations Authority (Authority) ruled that, under the Labor-Management Relations Chapter of the Civil Service Reform Act of 1978, Pub.L. No. 95-454, § 701 , 92 Stat. 1111 , 1191-1216 (codified at 5 U.S.C. §§ 7101-7135 (Supp. IV 1980)) (Labor-Management Act), the National Guard must bargain over the union proposal permitting grievance processing, including binding arbitration, of certain personnel matters related to the National Guard technicians. National Association of Government Employees, Local R12-132 and California National Guard, Case No. O-NG-149, 5 F.L. R.A. No. 25. The California National Guard (Guard), joined by the Department of Defense, petitions this court for a review of the Authority’s decision, contending that the decision contravenes the National Guard Technicians Act of 1968, Pub.L. No. 90-486, 82 Stat. 755 (codified at 32 U.S.C. § 709 (1976)) (Technicians Act), which vests in the adjutant general of each state’s National Guard the final administrative power over the matters covered in the union proposal. The same issue was raised by the New Jersey Air National Guard in its petition before the Third Circuit, which granted…