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    Frequently Asked Questions::How does the flexibility that the performance management regulations allow affect negotiability?

    How does the flexibility that the performance management regulations allow affect negotiability?

    As a general principle, when agency discretion over a condition of employment of bargaining unit employees is increased by the removal of a Governmentwide requirement or restriction, and that increased discretion is not reserved to management by section 7106 title 5, United States Code, there is a duty to bargain on how the agency will exercise that discretion. Even when the decision is reserved to management by its section 7106 rights, there is a duty to give notice to the union and, upon request, bargain on the impact and implementation of the otherwise protected decision.

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