Section 1.
Subject to the provisions of 5 U.S.C. 7106(b), nothing in this Agreement shall affect the authority of any management official of the Library:
- to determine the mission, budget, organization, number of employees, and internal security practices of the Library; and
- in accordance with applicable laws,
- to hire, assign, direct, layoff, and retain employees in the Library, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
- to assign work, to make determinations with respect to contracting out, and to determine the personnel by which Library operations shall be conducted;
- with respect to filling positions, to make selections for appointments from–
- among properly ranked and certified candidates for promotion; or
- any other appropriate source; and
- to take whatever actions may be necessary to carry out the Library mission during emergencies.
Section 2.
The right to make rules and regulations shall be considered an acknowledged function of the Library. In making rules and regulations relating to personnel policies, procedures and practices and matters affecting working conditions, the Library shall have due regard for the rights of the Association and the employees and for the obligations imposed by this Agreement. The obligation to meet, consult, and bargain does not include matters with respect to the mission of the Library; its budget, its organization, or its internal security practices. At the election of the Library, the parties may negotiate on the numbers, types, and grades of employees or positions assigned to any organizational sub-division, work project, or tour of duty, or on the technology, methods and means of performing work. This does not preclude the parties from negotiating agreements providing appropriate arrangements for employees adversely affected by the impact of realignment of work forces or technological change.
Section 3.
All references in this Agreement to specific management officials or officers by title shall also be understood to include (a) any successor officials or officers and/or (b) any other office appropriately designated by the Library to perform a function specified in this Agreement. When a change is made the Library shall notify both employees and the Association normally at least thirty (30) days in advance of the change specifying the term or terms of the Agreement and the newly designated official or office.