Federal Manager's Daily Report

The order further repeats the Clinton administration’s attempt to compel agencies to bargain over so-called "Section 7106(b)(1)" issues—referring to the portion of federal labor law where they are found—which are areas that management may bargain over at its discretion, as opposed to certain other topics where bargaining is either mandatory or prohibited by other sections of the law.

These permissible subjects include the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty and the technology, methods, and means of performing work.

The Obama administration order states that the President has made the determination to bargain over those subjects on behalf of all agencies covered by the law, and states that any attempts by department or agency heads or their subordinate officials to revoke the election "shall have no force or effect." It tells agencies carry out the election to bargain in good faith and consistent with Federal Labor Relations Authority precedent.

The Clinton administration ended up issuing a series of orders in an attempt to get agencies to fully comply with the broadened bargaining aspect, which many agencies resisted up to the end of that administration.