5 U.S.C. § 7106: Management rights

Summary

Federal agency managers keep the power to run their agencies. They decide the agency’s mission, budget, organization, staff size, and internal security. Following the law, they hire, assign, direct, lay off, discipline, remove, or change pay or grade of employees. They decide work assignments, whether to use contractors, who will do the work, and how to fill jobs (from properly ranked certified promotions or other proper sources). They can also act as needed in emergencies. Agencies and unions can still bargain, if the agency agrees, about three things: staffing numbers/types/grades and how work or technology is used; the procedures managers will follow when using these powers; and fair arrangements for employees who are hurt by those 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