Laws: Cases and Codes : U.S. Code : Title 5 : Section 7106


   
U.S. Code as of: 01/03/05
Section 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
        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 agency
        operations shall be conducted;
          (C) with respect to filling positions, to make selections for
        appointments from - 
            (i) among properly ranked and certified candidates for
          promotion; 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.



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