---
kind: "section"
citation: "5 U.S.C. § 7106"
title: "5"
title_heading: "Government Organization and Employees"
number: "7106"
heading: "Management rights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7106"
units:
  - "Part III — Employees"
  - "Subpart F — Labor-Management and Employee Relations"
  - "Chapter 71 — Labor-Management Relations"
  - "Subchapter I — General Provisions"
---

# §7106. Management rights

- (a) Subject to [subsection (b)](#b) of this section, nothing in this chapter shall affect the [authority](/usc/5/7103.md?p=a-6) of any [management official](/usc/5/7103.md?p=a-11) of any [agency](/usc/5/3132.md?p=a-1)—
  - (1) to determine the mission, budget, organization, number of [employees](/usc/5/4701.md?p=a-2), and internal security practices of the [agency](/usc/5/3132.md?p=a-1); and
  - (2) in accordance with applicable laws—
    - (A) to hire, assign, direct, layoff, and retain [employees](/usc/5/4701.md?p=a-2) in the [agency](/usc/5/3132.md?p=a-1), or to suspend, remove, reduce in [grade](/usc/5/5102.md?p=a-5) or [pay](/usc/5/7511.md?p=a-4), or take other disciplinary action against such [employees](/usc/5/4701.md?p=a-2);
    - (B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which [agency](/usc/5/3132.md?p=a-1) operations shall be conducted;
    - (C) with respect to filling [positions](/usc/5/5102.md?p=a-3), to make selections for appointments from—
      - (i) among properly ranked and certified candidates for promotion; or
      - (ii) any other appropriate source; and
    - (D) to take whatever actions may be necessary to carry out the [agency](/usc/5/3132.md?p=a-1) mission during emergencies.
- (b) Nothing in this section shall preclude any [agency](/usc/5/3132.md?p=a-1) and any [labor organization](/usc/5/7103.md?p=a-4) from negotiating—
  - (1) at the election of the [agency](/usc/5/3132.md?p=a-1), on the numbers, types, and [grades](/usc/5/5102.md?p=a-5) of [employees](/usc/5/4701.md?p=a-2) or [positions](/usc/5/5102.md?p=a-3) assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
  - (2) procedures which [management officials](/usc/5/7103.md?p=a-11) of the [agency](/usc/5/3132.md?p=a-1) will observe in exercising any [authority](/usc/5/7103.md?p=a-6) under this section; or
  - (3) appropriate arrangements for [employees](/usc/5/4701.md?p=a-2) adversely affected by the exercise of any [authority](/usc/5/7103.md?p=a-6) under this section by such [management officials](/usc/5/7103.md?p=a-11).

## Source credit

(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1198.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.