2018 US Code
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

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Citation 5 U.S.C. § 7106 (2018)
Section Name §7106. Management rights
Section Text

(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.

Source Credit

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

Editorial Notes 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.

Publication Title United States Code, 2018 Edition, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within 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
Contains section 7106
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 92 Stat. 1198
Public Law References Public Law 95-454
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