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Article 2 Management Rights
Posted On: Oct 29, 2013

Article 2

Management Rights

Section 1. General

Subject to Section 2 of this Article, nothing in this Agreement shall affect the

authority of any Management official of the Department:

a. to determine the mission, budget, organization, number of employees, and

internal security practices of the Department; and

b. in accordance with applicable laws:

(1) to hire, assign, direct, layoff, and retain employees in the

Department, 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 Department 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

Department’s mission during emergencies.

Section 2. Exceptions

Nothing in this Article shall preclude the Department and the Union from

negotiating:

a. at the election of the Department, 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 Department will observe in

exercising any authority under this Article; or

c. appropriate arrangements for employees adversely affected by the exercise

of any authority under this Article by such Management officials.


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