
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: 5USC7106]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                 CHAPTER 71--LABOR-MANAGEMENT RELATIONS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1198.)

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1351.
