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Management Rights

Section 7106(a) of the statue gives discretion for management to exercise certain rights in several important areas. These areas include making decisions on the structure of the organization, how work will be assigned, and what personnel actions will be taken. Rights in this section cannot be waived or relinquished through collective bargaining.

  • Organizational decisions by management may:
    • Decide its mission
    • Distribute financial resources
    • Define the organizational structure
    • Establish internal security practices
    • Identify what work, if any, will be contracted-out
    • Take whatever actions are considered necessary in an emergency
    • In assigning work to employee:
  • In assigning work to employees, the statue affords management the right to:
    • Determine what work will be done, when it will be performed, and which part of the organization is responsible for it;
    • Decide which duties are to be assigned to each particular position;
    • Establish the qualifications needed to perform the work; and
    • Choose the particular methods, means and technology (equipment) employee use to accomplish the work.
  • The statue gives management the discretion to take a wide variety of personnel actions, including the right to:
    • Make selections for appointments from among properly ranked and certified candidates;
    • Hire, assign, detail, direct, promote, reward, and retain employees; and
    • If necessary, layoff, suspend, remove, reduce in grade or pay, take disciplinary action against employees.
  • The law provides agencies the option to bargain over section 7106(b) issues. These topics include the number, types and grades of employees or positions assigned to an organizational subdivision, work project, tour project or tour of duty, and the technology, methods and means of performing work. The following areas may be negotiated:
    • Permissive subjects have to do with staffing (numbers, types, and grades of employees) and the technology, methods, and means of performing work. These matters are all negotiable at the election of the agency.
    • Procedures which management officials observe in exercising any authority of this Act.
    • Appropriate arrangements may be made for employees adversely affected by the exercise of management rights.

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References

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Last Modified 9/19/2013