2021 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 52 - Foreign Service
Subchapter X - Labor-Management Relations
Sec. 4105 - Management rights

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Citation 22 U.S.C. § 4105 (2021)
Section Name §4105. Management rights
Section Text

(a) Subject to subsection (b), 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.

Source Credit

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


Editorial Notes EDITORIAL NOTES 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.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 22 - FOREIGN RELATIONS AND INTERCOURSE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52 - FOREIGN SERVICE
SUBCHAPTER X - LABOR-MANAGEMENT RELATIONS
Sec. 4105 - Management rights
Contains section 4105
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law No
Disposition standard
Statutes at Large References 94 Stat. 2131
108 Stat. 417, 4303
Public Law References Public Law 96-465, Public Law 103-236, Public Law 103-415
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