§7106 — Title 5 Government Organization and Employees | U.S. Code

Summary

Gives agency managers the authority to run their agencies. They must be able to set the mission, budget, organization, number of staff, and internal security. Under the law they can hire, assign, direct, lay off, keep, suspend, remove, demote, or discipline employees; decide who does the work and whether to use contractors; choose people for jobs from properly ranked certified lists or other proper sources; and act as needed in emergencies. An agency and a labor union may still bargain about some things. If the agency agrees, they can negotiate the numbers and types of jobs for parts of the agency, work projects, or shifts, and the technology and methods used. They can also bargain over procedures managers must follow and fair arrangements for employees hurt by management actions.

Title 5, §7106

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an

Effective Date

of 1978 Amendment note under section 1101 of this title.

§7106 Management Rights

Summary

Title 5, §7106

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata