Sec. 408. Efficient bargaining over procedures and appropriate arrangements
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/bill/117/hr/7095/ih/section-408·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Before beginning negotiations during a CBA over matters addressed by sections 7106(b)(2) or 7106(b)(3) of title 5, United States Code, agencies shall evaluate whether or not such matters are already covered by the CBA and therefore are not subject to the duty to bargain. If such matters are already covered by a CBA, the agency shall not bargain over such matters. Consistent with section 402 of this title, agencies that engage in bargaining over procedures pursuant to section 7106(b)(2) of title 5, United States Code, shall, consistent with their obligation to negotiate in good faith, bargain over only those items that constitute procedures associated with the exercise of management rights, which do not include measures that excessively interfere with the exercise of such rights.
Likewise, consistent with section 402 of this title, agencies that engage in bargaining over appropriate arrangements pursuant to section 7106(b)(3) of title 5, United States Code, shall, consistent with their obligation to negotiate in good faith, bargain over only those items that constitute appropriate arrangements for employees adversely affected by the exercise of management rights. In such negotiations, agencies shall ensure that a resulting appropriate arrangement does not excessively interfere with the exercise of management rights.