Management rights is a term which defines those areas over which management exercises exclusive decision-making authority. These rights are spelled out in section 7106 of the Federal Service Labor-Management Relations Statute. There are two categories of management rights, "mandatory" or reserved rights, such as the right to determine mission, budget, internal security and "permissive" rights. Permissive rights are those rights (i.g., numbers, types and grades of employees assigned to an organizational subdivision, work project, or tour of duty or the methods, means and technology of performing work) that management may bargain, but is not statutorily required to do so. Although the law does not mandate bargaining over "permissive" management rights, once the parties include such rights in the collective bargaining agreement, they are enforceable for the life of the agreement.
Even with respect to nonnegotiable "reserved" management rights, management must bargain, upon request, over the procedures it will use in exercising these rights and on appropriate arrangements for employees adversely affected by the exercise of such rights. (This is commonly referred to as I&I bargaining.) For example, in a reduction-in-force, the decision to RIF is a management right, but outplacement or other assistance for displaced employees are negotiable issues.
When there is a question whether a proposal is outside the duty to bargain because it involves a management right or is subject to bargaining as a condition of employment, the matter may be raised as a negotiability appeal to the Federal Labor Relations Authority (FLRA). Negotiability decisions of the FLRA can be challenged in Federal court. Headquarters, Department of the Army or the Department of Defense prepares the management position in negotiability appeals.
A union may propose measures whose purpose is to alleviate the adverse impact on unit employees of a management action. If, however, the union's proposal seriously interferes with the exercise of a management right, the FLRA will apply the "excessive interference" test. That test provides that a union proposal whose purpose is to ameliorate the adverse affects of a management decision is negotiable unless it impinges upon a management right to an excessive degree.
Even where a proposal would violate management rights, management is encouraged to discuss these proposals with the union and attempt to resolve the union's concerns while preserving management's rights.