5 U.S.C. § 7106 — Management rights

Page 862 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7106 attorneys designated by the Authority may ap- pear for the Authority and represent the Au- thority in any civil action brought in connec- tion with any function carried out by the Au- thority pursuant to this title or as otherwise au- thorized by law. (i) In the exercise of the functions of the Au- thority under this title, the Authority may re- quest from the Director of the Office of Per- sonnel Management an advisory opinion con- cerning the proper interpretation of rules, regu- lations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1196.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR- MANAGEMENT RELATIONS Subsec. (a)(2)(D), (E), (G), and (H) of this section sus- pended with respect to any matter which substantially impairs the implementation by the United States Forces of any treaty or agreement, including any min- utes or understandings thereto, between the United States and the Government of the host nation, see sec- tion 1(a) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title. § 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. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. SUBCHAPTER II—RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS § 7111. Exclusive recognition of labor organiza- tions (a) An agency shall accord exclusive recogni- tion to a labor organization if the organization has been selected as the representative, in a se- cret ballot election, by a majority of the em- ployees in an appropriate unit who cast valid ballots in the election. (b) If a petition is filed with the Authority— (1) by any person alleging— (A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the ap- propriate unit wish to be represented for the purpose of collective bargaining by an exclu- sive representative, or (B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or (2) by any person seeking clarification of, or an amendment to, a certification then in ef- fect or a matter relating to representation; the Authority shall investigate the petition, and if it has reasonable cause to believe that a ques- tion of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Au- thority finds on the record of the hearing that a question of representation exists, the Authority shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this sub- section shall not be conducted in any appro- priate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held. (c) A labor organization which— (1) has been designated by at least 10 percent of the employees in the unit specified in any petition filed pursuant to subsection (b) of this section; (2) has submitted a valid copy of a current or recently expired collective bargaining agree- ment for the unit; or (3) has submitted other evidence that it is the exclusive representative of the employees involved; may intervene with respect to a petition filed pursuant to subsection (b) of this section and