Management Rights

Section 1--Statutory Rights

A.  Subject to subsection (b) of this section, nothing in this Agreement 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 filing positions, to make selections for appointments from--

(1)  among properly ranked and certified  candidates for promotion; or

(2)  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--

l. 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.