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ARTICLE 5
Management Rights
SECTION 1. In accordance with the provisions contained in 5 USC
7106, Management rights:
(a) Subject to subsection (b) of this section, nothing in this chapter
shall affect the authority of any management official of any
Agency
(1) to determine the mission, budget, organization, number of
employees, and internal security practices of the Agency; and
(2) in accordance with applicable laws
(A) to hire, assign, direct, layoff, and retain employees in the
Agency, or to suspend, remove, reduce in grade or pay, or
to take other disciplinary action against such employees;
(B) to assign work, to make determinations with respect to
contracting out, and to determine the personnel by which
the Agency's operations shall be conducted;
(C) with respect to filling positions, to make selections for
appointments from –
i. among properly ranked and certified candidates for
promotions; or
ii. any other appropriate source; and
(D) to take whatever actions may be necessary to carry out
the Agency mission during emergencies.
(b) Nothing in this section shall preclude any Agency and any labor
organization from negotiating
(1) at the election of the Agency, on the numbers, types,
and grades of employees or positions assigned to any
organizational subdivision, work project, or tour of duty, or
on the technology, methods, and means of performing work;
(2) procedures which management officials of the Agency will
observe in exercising any authority under this section; or
(3) appropriate arrangements for employees adversely affected
by the exercise of any authority under this section by such
management officials.
