Article 5: Employer Rights

Section 1

In accordance with the provisions contained in 5 U.S.C. § 7106, Management Rights, the Employer retains the right, consistent with applicable laws and regulations:

(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.

Section 2

Nothing in this Article shall preclude the Employer and the Union from negotiating –

(1) at the election of the Employer, 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 Employer will observe in exercising any authority under 5 U.S.C. § 7106; or

(3) appropriate arrangements for employees adversely affected by the exercise of any authority under 5 U.S.C. § 7106 by such management officials.