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    Labor Management Relations Glossary

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    Staffing Patterns

    A short-hand expression used to refer to § 7106(b)(1)'s long-winded reference to "the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty[.]" Under the statute, agencies can elect not to bargain on such matters. Although EO 12871 had directed agencies to bargain on (b)(1) matters, that order was revoked by EO 13203.

    Distinguish between § 7106(a)(1)'s reference to number of employees of an agency and § 7106(b)(1)'sreference to "numbers . . . of employees . . . assigned to any agency subdivision, work project, or tour of duty." (Emphasis added.) The former refers to the size of the agency's workforce; the latter to the allocation of that workforce among agency subdivisions, etc. Keep in mind that § 7106(b)(1) is an exception to § 7106(a), including § 7106(a)(1). Consequently a staffing patterns proposal affecting the numbers of employees of an agency would still be, under the statute, an electively negotiable matter.

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