National Guard--Fiscal Year to be Charged for Mandated, B-

B-265901 Oct 14, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights We conclude that the Louisiana National Guard Board may use fiscal year 1993 and 1994 funds to pay uniform allowances to technicians so long as those allowances are paid to fulfill requirements that arose in those years. [1] Background As we indicated in our earlier decision. Sec. 1593(a) the Secretary of Defense is authorized to pay an allowance. To each civilian employee of the Department of Defense who is required by law to wear a uniform while performing official duties. Amounts appropriated to the Department of Defense for the pay of civilian employees are available to purchase uniforms or to provide a uniform allowance. 10 U.S.C. National Guard military technicians were civilian employees required to wear uniforms in performing their official duties. View Decision Matter of: National Guard--Fiscal Year to be Charged for Mandated Uniform Purchases (Reconsideration) File: B-265901 Date: October 14, 1997 DIGEST DECISION The Chief Counsel, National Guard Bureau, Departments of the Army and the Air Force requests that we reconsider our decision, National Guard--Fiscal Year to be Charged for Mandated Uniform Purchases, B-265901, June 30, 1997. In that decision we decided that the Louisiana National Guard Bureau could not use its fiscal year 1992, 1993 or 1994 Operation and Maintenance funds to pay for uniforms provided to military technicians in fiscal years 1995 or later. The Chief Counsel asks that we modify our decision based on his restatement of the facts and a 1996 amendment to the law applicable to this matter. For the reasons indicated below, we conclude that the Louisiana National Guard Board may use fiscal year 1993 and 1994 funds to pay uniform allowances to technicians so long as those allowances are paid to fulfill requirements that arose in those years. [1] Background As we indicated in our earlier decision, under 10 U.S.C. Sec. 1593(a) the Secretary of Defense is authorized to pay an allowance, or to provide a uniform, to each civilian employee of the Department of Defense who is required by law to wear a uniform while performing official duties. The amount of allowance paid and the cost of the uniforms provided to each employee "may not exceed $400 per year." 10 U.S.C. Sec. 1593(b). Amounts appropriated to the Department of Defense for the pay of civilian employees are available to purchase uniforms or to provide a uniform allowance. 10 U.S.C. Sec. 1593(d). During fiscal years 1992, 1993 and 1994, National Guard military technicians were civilian employees required to wear uniforms in performing their official duties. Therefore, the Department could provide them a uniform allowance or uniforms under 10 U.S.C. Sec. 1593. A Louisiana local of the National Federation of Federal Employees (union) is the collective bargaining unit representing military technicians working for the National Guard in Louisiana. In negotiating a collective bargaining agreement, the National Guard and the union reached an impasse over the amount, if any, that should be spent providing uniforms or uniform allowances to technicians. The parties submitted their dispute to the Federal Service Impasses Panel for resolution. After considering arguments of the parties, the Panel issued its decision on May 13, 1992. The Panel ordered the parties to include the following provision in their collective bargaining agreement: "(1) For those employees who are required to wear a prescribed uniform not furnished by the Employer, an annual allowance of $400 shall be provided for the initial purchase, upkeep, and replacement of such uniforms; (2) for those employees who are required to wear a prescribed uniform which is furnished by the Employer, it shall provide each year uniforms worth $400." Department of Defense, National Guard Bureau, Louisiana Army and Air Force National Guard, Jackson Barracks, New Orleans, Louisiana and Council of Louisiana National Guard Locals, National Federation of Federal Employees, Case No. 92 FSIP 85 (Federal Service Impasses Panel, 1992). On June 9, 1992, the Chief, Labor and Employee Services Division for the National Guard, acting on behalf of the agency head, issued a letter disapproving and refusing to adopt and implement the Panel's order. The stated reason for disapproving the order was that the National Guard had no statutory authority to provide uniforms or uniform allowances to military technicians. On June 16, 1992, the union filed an unfair labor practices charge with the Federal Labor Relations Authority (FLRA), arguing that the National Guard violated 5 U.S.C. Secs. 7116(a)(1) and (6) by refusing to adopt and implement the Panel's decision. The FLRA, on July 15, 1993, issued its decision and order agreeing with the union that the National Guard's refusal to implement the Panel's decision constituted an unfair labor practice.