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Labor-Management Relations Glossary

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TECHNOLOGY, METHODS, AND MEANS OF PERFORMING WORK.  Along with STAFFING PATTERNS, proposals prescribing the technology, methods and means of performing the agency's work would be § 7106(b)(1) "elective" exceptions to management's § 7106(a) rights. Technology includes not only obvious equipment--e.g., telephones (22 FLRA No. 34, #14; 22 FLRA No. 77), respirators for employees with beards (22 FLRA No. 53, #7), computer terminals (30 FLRA No. 83), two-way radios (32 FLRA No. 135, #6), drug testing equipment such as gas chromatography/mass spectrometry devices (42 FLRA No. 37, #4), calculators (13 FLRA No. 73)--but also textbooks (19 FLRA No. 99, ## 2, 4, 5) where it can be shown that the technology is to be used by employees in the performance of their official duties. (Textbooks are a part of the technology that the Department of Defense Dependent's School uses to perform its educational function.) Providing the union with telephones, by contrast, would not deal with technology because the union would not be using the telephones for the conduct of agency business. Similarly, a requirement that the agency provide secure smoking shelters does not deal with a § 7106(b)(1) matter where the agency couldn't establish a connection between the shelters and the agency's performance of its work. See, also, 7 FLRA No. 89, #4, where FLRA held that proposals requiring the provision of showers and lockers did not deal with technology within the meaning of § 7106(b)(1). See, also, METHODS AND MEANS. Although EO 12871 had directed agencies to bargain on (b)(1) matters, that order was revoked by EO 13203.


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