ARTICLE 4 - Rights of Management.

SECTION 1.  Pursuant to 5 U.S.C. 7106 (a), subject to Section 2, nothing in this Agreement shall affect the authority of any management official of AOC –

A.  To determine the mission, budget, organization, number of employees, and internal security practices of the agency; and

B.  In accordance with applicable laws –

(1) 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;

(2) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

(3) with respect to filling positions, to make selections for appointments from –

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

            (b) any other appropriate source; and

(4) to take whatever actions may be necessary to carry out the agency mission during emergencies.

SECTION 2.  Pursuant to 5 U.S.C. 7106 (b), nothing in this agreement shall preclude AOC and the Union from negotiating –

A.  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;

B.  procedures which management officials of the agency will observe in exercising any authority under this Article; or

C.  appropriate arrangements for employees adversely affected by the exercise of any authority under this Article by such management officials.

SECTION 3.  The above mentioned Management rights are not to be interpreted as being all-inclusive, but merely indicate the type of rights which belong to and are inherent to Management.  It is understood that any rights Management had prior to the signing of this agreement are retained by Management and will be exercised in accordance with this Agreement, where appropriate.

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