Prototype for the U.S. Office of Personnel Management. Built on public data; not an official OPM system.
Powered by Concourse
§ 7106 Management rights
Statute
5 U.S.C. 7106
Text
13 passages
5 U.S.C. 7106(a)(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency—
5 U.S.C. 7106(a)(1)(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and
5 U.S.C. 7106(a)(2)(2) in accordance with applicable laws—
5 U.S.C. 7106(a)(2)(A)(A) 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;
5 U.S.C. 7106(a)(2)(B)(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;
5 U.S.C. 7106(a)(2)(C)(C) with respect to filling positions, to make selections for appointments from—
5 U.S.C. 7106(a)(2)(C)(i)(i) among properly ranked and certified candidates for promotion; or
5 U.S.C. 7106(a)(2)(C)(ii)(ii) any other appropriate source; and
5 U.S.C. 7106(a)(2)(D)(D) to take whatever actions may be necessary to carry out the agency mission during emergencies.
5 U.S.C. 7106(b)(b) Nothing in this section shall preclude any agency and any labor organization from negotiating—
5 U.S.C. 7106(b)(1)(1) 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;
5 U.S.C. 7106(b)(2)(2) procedures which management officials of the agency will observe in exercising any authority under this section; or
5 U.S.C. 7106(b)(3)(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
About
- Type
- Statute section
- Citation
- 5 U.S.C. 7106
- Edition
- 2024 edition of the U.S. Code
- Current through
- 2025-01-06
Annual edition text. Amendments enacted after the current-through date are not reflected; check uscode.house.gov for the latest release point.
Cited by
- Reduction in ForceFederal Register · 2026-08-03
- Reduction in Force AppealsFederal Register · 2026-08-03
- Collective Bargaining Guidance Concerning the Final Rule on Performance Appraisal for General Schedule, Prevailing Rate, and Certain Other EmployeesMemo · 2026-07-24
- Guidance on Collective Bargaining in Connection with Reductions in ForceMemo · 2025-03-12
- Guidance on Revocation of Executive Order 14003Memo · 2025-02-07
- Guidance on Collective Bargaining Obligations in Connection with Deferred Resignation OfferMemo · 2025-02-04
- Guidance on Collective Bargaining Obligations in Connection with Return to In-Person WorkMemo · 2025-02-03
- Administrative Leave, Investigative Leave, and Notice LeaveFederal Register · 2024-12-17
- Guidance on Implementation of Labor-Management Forums: Executive Order on Scaling and Expanding the Use of Registered Apprenticeships in Industries and the Federal Government and Promoting Labor-Management ForumsMemo · 2024-03-13
- Scaling and Expanding the Use of Registered Apprenticeships in Industries and the Federal Government and Promoting Labor-Management ForumsExecutive order · 2024-03-11
- Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse ActionsFederal Register · 2022-11-10
- Promotion and Internal PlacementFederal Register · 2021-06-08
- Guidance for Implementation of Executive Order 14003 - Protecting the Federal WorkforceMemo · 2021-03-05
- Protecting the Federal WorkforceExecutive order · 2021-01-27
- Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse ActionsFederal Register · 2020-10-16
- Updated Guidance on Implementation of Executive Orders 13836, 13837, and 13839Memo · 2019-11-25
- Guidance for Implementation of Executive Order 13839 - Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System PrinciplesMemo · 2018-07-05
- Recruitment and Selection Through Competitive ExaminationFederal Register · 2017-01-18
- National Security Personnel SystemFederal Register · 2008-09-26
- National Security Personnel SystemFederal Register · 2008-05-22
- Pay Administration (General)Federal Register · 2007-04-17
- Guidance for Implementing the President's Memorandum Reaffirming Executive Order 12871Memo · 2000-02-18
- Promotion and Internal Placement; Accelerated QualificationsFederal Register · 1996-02-20
- Performance ManagementFederal Register · 1995-08-23