
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4105]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
                SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
 
Sec. 4105. Management rights

    (a) Subject to subsection (b) of this section, nothing in this 
subchapter shall affect the authority of any management official of the 
Department, in accordance with applicable law--
        (1) to determine the mission, budget, organization, and internal 
    security practices of the Department, and the number of individuals 
    in the Service or in the Department;
        (2) to hire, assign, direct, lay off, and retain individuals in 
    the Service or in the Department, to suspend, remove, or take other 
    disciplinary action against such individuals, and to determine the 
    number of members of the Service to be promoted and to remove the 
    name of or delay the promotion of any member in accordance with 
    regulations prescribed under section 4005(b) of this title;
        (3) to conduct reductions in force, and to prescribe regulations 
    for the separation of employees pursuant to such reductions in force 
    conducted under section 4010a of this title;
        (4) to assign work, to make determinations with respect to 
    contracting out, and to determine the personnel by which the 
    operations of the Department shall be conducted;
        (5) to fill positions from any appropriate source;
        (6) to determine the need for uniform personnel policies and 
    procedures between or among the agencies to which this subchapter 
    applies; and
        (7) to take whatever actions may be necessary to carry out the 
    mission of the Department during emergencies.

    (b) Nothing in this section shall preclude the Department and the 
exclusive representative from negotiating--
        (1) at the election of the Department, on the numbers, types, 
    and classes 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 Department will 
    observe in exercising any function under this section; or
        (3) appropriate arrangements for employees adversely affected by 
    the exercise of any function under this section by such management 
    officials.

(Pub. L. 96-465, title I, Sec. 1005, Oct. 17, 1980, 94 Stat. 2131; Pub. 
L. 103-236, title I, Sec. 181(b), Apr. 30, 1994, 108 Stat. 417; Pub. L. 
103-415, Sec. 1(jj)(2), Oct. 25, 1994, 108 Stat. 4303.)


                               Amendments

    1994--Subsec. (a)(3) to (7). Pub. L. 103-236, as amended by Pub. L. 
103-415, added par. (3) and redesignated former pars. (3) to (6) as (4) 
to (7), respectively.
