Validity and Impact of the ACT Decision when Coupled with Executive Order 12871

摘要

Negotiability and the scope of bargaining in the federal sector is a ratherdifficult, metaphysical area of the law, one which has spawned an enormous amount of litigation. Section 7106(a) provides, as follows: Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency: (1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency: and (2) in accordance with applicable laws: (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; (B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; (C) with respect to filling positions, to make selections for appointments from: (1) among properly ranked and certified candidates for promotion; or (2) any other appropriate source; and (D) to take whatever actions may be necessary to carry out the agency mission during emergencies.