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No. In giving agencies some discretion on performance crediting, the reduction in force regulations make clear that whatever decision is made, it must be uniformly and consistently applied throughout the competitive area. Since competitive areas normally contain employees that are not in the bargaining unit, there is no duty to bargain on otherwise negotiable proposals that are aimed at the entire competitive area, as that would be tantamount to negotiating with the union the conditions of employment of non-bargaining unit employees. The limited discretion agencies have regarding crediting is reserved to management by section 7106 of title 5, United States Code.
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