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Frequently Asked Questions Performance Management

How does the flexibility of performance management regulations affect negotiability?

As a general principle, when an agency has discretion over a condition of employment of bargaining unit employees, and that discretion is not reserved to management by law, there is a duty to bargain on how the agency will exercise that discretion. Even when the decision is reserved to management, 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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