American Federation of Government Employees, Local 2986 v. Federal Labor Relations Authority

Good Law
775 F.2d 1022·120 L.R.R.M. (BNA) 3162
United States Court of Appeals for the Ninth CircuitOctober 31, 1985Nos. 84-7609, 84-7654 and 84-7655California2,772 words

Opinion

lead Opinion

Poole, J.

The American Federation of Government Employees and the National Association of Government Employees, (collectively the “Unions”), petition to set aside orders of the Federal Labor Relations Authority dismissing their respective complaints against the Oregon Army and Air National Guard, and the California and Nevada National Guards (collectively the “National Guard” or “Guard”), for refusing to include in their collective bargaining agreements a provision that would permit civilian technicians to wear civilian clothing at work. We affirm.

I.

Each of these cases arose out of an impasse in collective bargaining negotiations over union proposals to give Guard civilian technicians the option of wearing either military uniforms or agreed-upon standard civilian attire while performing certain of their duties. The Federal Service Impasses Panel (“Panel”) was requested in each instance to resolve the dispute. The Panel directed the parties to adopt language in their collective bargaining agreements per *1024 mitting the option of wearing civilian clothing and to negotiate concerning circumstances when military uniforms could be required. In each case, the Guard failed to comply with the…

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