There are, as the Authority noted in 44 FLRA No. 4, at least three types of proposals dealing with so-called "permissive subjects of bargaining": proposals dealing with (1) matters covered by § 7106(b)(1)--i.e., with staffing patterns, technology, and methods and means of performing the agency`s work, (2) matters that are not conditions of employment of bargaining unit employees (e.g., procedures for filling supervisory positions; employee recreational access to agency launch), and (3) other (such as permitted waivers of statutory rights).
Regarding 7106(b)(1) permissive subjects, it should be noted that although, under the statute, an agency can "elect" not to bargain on a (b)(1) matter, agencies had been directed to bargain on (b)(1) matters by § 2(d) of EO 12871. This requirement was rescinded when EO 12871 was revoked by EO 13203.
Regarding waivers of statutory rights, see 34 FLRA No. 55, where FLRA said that "[m]anagement rights under section 7106(a) cannot be waived or relinquished through collective bargaining."
Regardless of type, once agreement is reached on a permissive subject of bargaining, that agreement cannot be disapproved by the agency head during a § 7114(c) review of the agreement, and is enforceable under the negotiated grievance procedure. See 45 FLRA No. 43 and 53 FLRA No. 60, # X. Such a provisions can, however, be unilaterally terminated when the contract expires. See 14 FLRA No. 89 and 55 FLRA No. 37, where FLRA said: "A party`s right to terminate unilaterally a permissive subject is not contingent on first satisfying a bargaining obligation as to the substance, impact or implementation of the change." Nor is it a ULP to refuse to comply with a FSIP order dealing with a permissive subject of bargaining. See 15 FLRA Nos. 65 and 100 - 104.