22-U.S.C.-4105
§4105 – Management Rights
Pathway
Title 22 > Chapter 52 > Subchapter X > Section 4105
Details
- Reference: Section 4105
- Legend: §4105 – Management Rights
- USCode Year: 2013
Provision Content
(a) Subject to subsection (b) of this section, 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.
(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.)
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.
U.S. Encyclopedia of Law Coverage
22-U.S.C.-4071K in the Legal Encyclopedia: Foreign Relations
In this entry about 22-U.S.C.-4071K, find legal reference material, bibliographies and premiere content related to foreign relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign relations-specific issues, written by authorities in the field.
22-U.S.C.-4069C-1 in the Legal Encyclopedia: Foreign Service
In this entry about 22-U.S.C.-4069C-1, find legal reference material, bibliographies and premiere content related to foreign service in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign service-specific issues, written by authorities in the field.
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