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MONTANA AIR NAT. GUARD v. FED. LABOR REL. AUTH.

No. 83-7068.

730 F.2d 577 (1984)

MONTANA AIR NATIONAL GUARD, Department of Defense, and Departments of the Army and Air Force National Guard Bureau, Petitioners/Cross-Respondents, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent/Cross-Petitioner.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1984.

Attorney(s) appearing for the Case

Marc Richman, Washington, D.C., for petitioners/cross-respondents.

William Tobey, Washington, D.C., for respondent/cross-petitioner.

Before ANDERSON and FLETCHER, Circuit Judges, and EAST, District Judge.

EAST, District Judge:

This appeal presents the question whether the National Guard Bureau (the Bureau) can require that a contract between a state national guard and its civilian technicians' union expressly exclude from the scope of the contract's grievance procedures those matters covered by Section 709(e) of the National Guard Technicians Act. 32 U.S.C. § 709(e)1 (relating to the discipline and discharge

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