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collective bargaining agreement contract between - Bureau of Indian ...

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Article 5Management RightsSection 1. Retained RightsManagement <strong>of</strong>ficials <strong>of</strong> the Agency retain the right in accordance with applicable laws and regulations<strong>of</strong> higher authority:A. To determine the mission, budget, organization, number <strong>of</strong> employees, and internal securitypractices <strong>of</strong> the Agency; andB. In accordance with applicable laws:(1) To hire, assign, direct, lay <strong>of</strong>f, 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 <strong>contract</strong>ing out, and to determinethe personnel by which agency operations shall be conducted;(3) With respect to filling positions, to make selections from:a. Among properly ranked and certified candidates for promotion; orb. Any other appropriate source; and(4) To take whatever actions may be necessary to carry out the mission <strong>of</strong> the <strong>Bureau</strong>/Officeduring emergencies.Section 2. Applicability <strong>of</strong> Management RightsThe above Management rights shall apply to all supplemental, implementing, subordinate or informal<strong>agreement</strong>s <strong>between</strong> Management and the Union.Section 3. Negotiation LimitsNothing in this Article shall preclude the Parties from negotiating:A. At the election <strong>of</strong> Management on numbers, types, and grades <strong>of</strong> employees or positionsassigned to any organization’s subdivision, work project, or tour <strong>of</strong> duty, or on the technology,methods, and means <strong>of</strong> performing work;21

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