Maintained • USA (National/Federal) |
Bargaining Subject | Citation |
Conditions of Employment | |
Policies, practices, and matters affecting working conditions. | |
5 U.S.C. Section 7106(b)(2) (Procedures) | |
Agencies and unions are not precluded from negotiating the procedures management will observe in exercising management rights. Agencies must bargain over procedures despite the effect on management rights. | |
Negotiable Procedures | |
Advanced notice of agency actions or specific events. | |
Selection of employees for assignments preserving management's right to determine qualifications. | |
Requiring management to take certain actions without identifying the person or position responsible for taking the action. | |
Establishing advisory committees not integral to management decision-making. | |
Delaying the exercise of management rights pending the completion of bargaining. | |
Developing and implementing performance standards. | |
Announcing and filling vacancies. | |
Maintaining and showing employees certain documentation. | |
Requiring the completion of disciplinary action timely without restricting management's right to take the action. | |
Requiring the evaluation of employee work product at time of completion. | |
Drug testing procedures. | |
Requiring consistency between position descriptions and performance standards, while allowing management the discretion to amend the standards. | |
Requiring the agency to refer candidates from one source, without restricting concurrent solicitation from other sources. | |
Non-Negotiable Procedures | |
Precluding management from exercising rights until other events (excluding completion of bargaining) occur. | |
Delaying implementation of management action necessary for agency functioning. | |
Conditioning the exercise of management rights on the agreement of employees or the union. | |
Requiring the agency to give advance notice of investigative interviews. | |
Preventing the agency from determining employee qualifications. | |
Prescribing or precluding assignments to particular individuals. | |
Requiring management to assign employees certain duties. | |
Requiring management to reassign employees to work sites designated by employees. | |
Requiring agencies to use competitive procedures to fill vacancies. | |
Limiting the evidence agencies can use to support disciplinary action. | |
Limiting agency discretion to restrict overtime assignments to unit employees. | |
Substantively limiting management's right to determine the content of performance standards. | |
Preventing management from holding employees accountable for performance of work assignments. | |
Requiring agency to fill positions. | |
Preventing the agency from controlling access to its facilities. | |
Restricting management actions based on survey results. | |
Restricting management from using particular methods of monitoring work performance. | |
Precluding management from rating and ranking candidates until after a preliminary placement process is complete. | |
Requiring management to approve an employee request to use sick leave or advanced sick leave. | |
Infringing on Management's sole and exclusive discretion to establish and apply compensation systems. | |
5 U.S.C. Section 7106(b)(3) (Appropriate Arrangements) | |
Agencies and unions are not precluded from negotiating appropriate arrangements for employees adversely affected by the exercise of management rights. Agencies must bargain over appropriate arrangements despite the effect on management rights. | |
Appropriate Arrangements | |
Employees adversely affected by the exercise of any management right. | |
Intended as an arrangement for adversely affected employees. | |
Must seek to mitigate adverse effects flowing from the exercise of a protected management right. | |
Speculative or hypothetical concerns are not appropriate arrangements. | |
Elimination of the possibility of adverse effect. |
Bargaining Subject | Citation |
5 U.S.C. Section 7106(b)(1) (Permissive Bargaining) | |
Agencies may elect to bargain over numbers, types and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, technology, or methods, and means of performing work. | |
Numbers | |
Numbers of employees or positions assigned to specific tours of duty. | |
Total number of agency employees. | |
Types | |
Distinguishable classes, kinds, groups, or categories of employees or positions that are relevant to establishing staffing patterns. | |
Employees distinguished by classification series. | |
Temporary employees are a distinguishable class. | |
Grades | |
Grades of employees or positions within the general schedule (GS) classification system. | |
Entry-level positions. | |
Organizational Sub-Division | |
Sections of an agency assigned to perform specific agency functions. | |
Organizational sub-division staffing. | |
Work Project | |
Particular job or task. | |
Tour of Duty | |
Employee's regularly scheduled administrative work week. | |
Technology | |
Technical methods furthering performance of the agency's work. | |
New technology. | |
Providing specific equipment used to perform work. | |
Methods and Means of Performing Work | |
Determining methods and means used to perform work. | |
Methods and means related to accomplishment of the agency's mission. | |
Methods and means do not have to be indispensable. | Fed. BOP, Fed. Corr. Inst., Bastrop, Tex., 55 F.L.R.A. 848, 853 (1999) (discussing means). |
Proposal concerning uniforms. |
Bargaining Subject | Citation |
Applicable Laws, Rules, and Regulations | |
Applicable laws. | |
Agency regulations having the force and effect of law. | |
The agency has sole and exclusive discretion over a matter. | |
Agency rules and regulations with a compelling need. | |
Management Rights | |
The substance of management's decision to exercise management rights under the FSLMRS is non-negotiable, except regarding the procedures and appropriate arrangements that will be used to implement an agency's proposals. | |
5 U.S.C. Section 7106(a)(1) Rights | |
Mission | |
Determine the agency's mission. | |
Work hours related to the agency's mission. | |
Budget | |
Budget allocation. | |
Organizational level budget. | |
Organization | |
Organizational structure. | |
Division of organizational entities. | |
Number of Agency Employees | |
Number of employees employed by an agency. | |
Employees assigned to organizational subdivisions. | |
Internal Security Practices | |
Agency's security policies and practices. | |
Agency internal security investigation techniques. | |
Agency drug-testing programs. | |
Agency policy describing how the work is performed (requiring employees to stand while performing work). | |
Agency computer security policies. | |
5 U.S.C. Section 7106(a)(2) Rights | |
Hiring Employees | |
Filling vacancies. | |
Assigning Employees | |
Initial assignments. | |
Post-hiring decisions including reassignment, temporary assignments, and details. | |
Assignment timeframes. | |
Establishing qualifications and skills. | |
Determine the geographic location for performing work. | |
Direct Employees | |
Supervising and determining quantity, quality, and timeliness of work. | |
Establishing performance standards. | |
Evaluating employee performance. | |
Selecting methods of supervision. | |
Requiring employee time-accounting. | |
Lay-Off Employees | |
Conducting reduction-in-force (RIF). | |
Retain Employees | |
Establishing policies or practices that encourage or discourage continued employment. | |
Offering voluntary-separation incentive pay (VSIP). | |
Providing additional compensation (special-rate). | |
Suspend Employees | |
Cancelling previously imposed suspensions. | |
Remove Employees | |
Separating particular groups of employees before separating other groups of employees. | |
Vacating certain positions to make the positions available to certain categories of employees. | |
Taking disciplinary or performance-based actions against an employee. | |
Reduce Employees in Grade and Pay | |
Taking action against an employee for a specific offense. | |
Inability or unwillingness to perform duties. | |
Discipline Employees | |
Performance-related and non-performance-related conduct. | |
Disciplinary investigative techniques. | |
Determining disciplinary penalties. | |
Assign Work | |
Determining the frequency of telework and when eligible employees must report to the worksite. | |
Reporting to work location (reporting time) | |
Location of performance of preparation and professional tasks (preparation time) | |
Assigning duties (to who and how work is performed). | |
Establishing necessary qualifications. | |
Establishing job requirements for levels of performance. | |
Determining content of performance standards. | |
Supervising employees and determining the quantity, quality, and timeliness of work. | |
Selecting methods of supervision. | |
Enforcing established performance standards. | |
Evaluating employees (holding employees accountable). | |
Contracting Out | |
Contracting-out one function for a specified period. | |
Delaying contracting-out decisions. | |
Requiring a cost-study before contracting out. | |
Determine Personnel | |
Determining which employees will be assigned work. | |
Make Selections to Fill Positions | |
Determining qualifications, skills, and abilities necessary to perform the work. | |
Selecting candidates from any appropriate source without restriction. | |
Limiting agency recruitment sources. | |
Carry-Out Mission in Emergencies | |
Assessing emergencies and determining necessary action. | |
Defining what is an emergency. | |
Taking action before a particular individual declares an emergency. |