The federal Department of Health and Human Services (H&HS) decided to institute a total ban on smoking in all of its facilities. The National Treasury Employees Union, which represents the H&HS employees, demanded that the agency bargain with it over the decision. The agency refused, arguing that the decision was not subject to bargaining under the FSLMRA.

How should the Federal Labor Relations Authority rule on the union’s claim? See Dept. of Health and Human Services Family Support Admin. v.

Federal Labor Relations Authority [920 F.2d 45

(D.C. Cir. 1990)].