**(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.
File SHA-256: 08341e1cefc629eeef5a63a311a947cd6dcada63d71f9eb6124060b358f58723. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:record_usc_e4c9feccc08c2b79a317f9ed Source file: Laws/federal/codes/united-states-code/title-5/section-7106-management-rights--c7d1b21ba8.md Pages: Not recorded – Not recorded Passage SHA-256: 32960ba00b77e4288b26db09123a18590e7a46d2021bdf64217bfa0e27672237 Retained source evidence SHA-256: 08341e1cefc629eeef5a63a311a947cd6dcada63d71f9eb6124060b358f58723
Source location: Title 5, Chapter 71, § 7106; chapter-071-labor-management-relations.md
Stored source content
**(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
§ 7106. Management rights
(a) Subject to subsection (b) of this section,
nothing in this chapter shall affect the author-
ity of any management official of any agency—
(1) to determine the mission, budget, organi-
zation, number of employees, and internal se-
curity practices of the agency; and
(2) in accordance with applicable laws—
(A) to hire, assign, direct, layoff, and re-
tain employees in the agency, or to suspend,
remove, reduce in grade or pay, or take
other disciplinary action against such em-
ployees;
(B) to assign work, to make determina-
tions 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 nec-
essary to carry out the agency mission dur-
ing emergencies.
(b) Nothing in this section shall preclude any
agency and any labor organization from negoti-
ating—
(1) at the election of the agency, on the
numbers, types, and grades of employees or
positions assigned to any organizational sub-
division, work project, or tour of duty, or on
the technology, methods, and means of per-
forming work;
(2) procedures which management officials of
the agency will observe in exercising any au-
thority under this section; or
(3) appropriate arrangements for employees
adversely affected by the exercise of any au-
thority under this section by such manage-
ment officials.
(Added Pub. L. 95–454, title VII, § 701, Oct. 13,
1978, 92 Stat. 1198.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 90 days after Oct. 13, 1978, see sec-
tion 907 of Pub. L.