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Agreement Between Passport Services and the - page 6 / 71

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ARTICLE 5: MANAGEMENT RIGHTS

1.  In the administration of all matters covered by this agreement, the Parties and the employees are governed by existing or future laws and agency regulations in existence at the time this contract is approved.

2.  Subject to Section (3) of this Article, nothing in this Agreement shall affect the authority of any management official of the Employer:

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

b.  In accordance with applicable laws:

(1) To hire, assign, direct, lay off, and retain employees in the agency (Department of State), 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 (Department of State) 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 Employer's mission during emergencies.

3.  Nothing in this Article shall preclude the Employer and the Union from negotiating:

a.  At the election of the Employer, 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 Employer will observe in exercising any authority under this Article; or

c.  Appropriate arrangement for employees adversely affected by the exercise of any authority under this Article by such management officials.

The Agency will comply with the Federal Service Labor Management Relations Statute (5 U.S.C. Chapter 71).  

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