SECTION 1. Subject to section 2, and pursuant to 5 U.S.C. 7106(a), nothing in Title 5, Chapter 71, United States Code, shall affect Managementís authority:
A. To determine the mission, budget, organization, number of employees, and internal security practices of the agency;
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.
4. To take whatever actions may be necessary to carry out the agency mission during emergencies.
SECTION 2. In accordance with 5 U.S.C. 7106(b)(2) and (3), Management shall negotiate:
A. Procedures which management officials will observe in exercising any authorities listed in Section 1 of this Article; and
B. Appropriate arrangements for employees in the bargaining unit adversely affected by the exercise of any authority listed in Section 1 of this Article by management officials.
SECTION 3. Management may elect to negotiate the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, and the technology, methods, and means of performing work.
SECTION 4. In a dispute over the application of any provision set forth in this Agreement, the position of Management will prevail pending resolution of the dispute by means of the negotiated grievance procedure or other appropriate means.
SECTION 5. 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.