§ 4105. — Management rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4105]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 4105. Management rights
(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, Sec. 1005, Oct. 17, 1980, 94 Stat. 2131; Pub.
L. 103-236, title I, Sec. 181(b), Apr. 30, 1994, 108 Stat. 417; Pub. L.
103-415, Sec. 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.
