Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 3 Management Rights
SECTION 3.01 Subject to Section 3.01(b)(5) below, nothing in this Agreement shall affect the authority of any Management official:
a. to determine the mission, budget, organization, number of employees and internal security practices of the Center; and
b. in accordance with applicable laws -
1. to hire, assign, direct, layoff, and retain employees in the Center or to suspend, remove, reduce in grade and 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 Center 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;
4. to take whatever actions may be necessary to carry out the Center's mission during emergencies; and
5. at the election of the agency, to determine 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; and
c. Nothing in this Section shall preclude the parties from negotiating:
1. procedures which Management officials will observe in exercising any authority under this Section; or
2. appropriate arrangements for employees adversely affected by the exercise of any authority under this Section by such Management officials.
SECTION 3.02 The procedures used in the exercise of Management's retained rights shall be subject to appeal and grievance procedures where prescribed by laws, regulations, and this Agreement.
SECTION 3.03 In the exercise of the rights set forth under Section 3.01 of this Article, it is recognized by both parties that Management may hold private, informal discussions with individual employees in the Bargaining Units subject to the provisions of this Agreement.
SECTION 3.04 Management acknowledges that each manager and supervisor will be responsible for observing and implementing, as applicable, all provisions of this Agreement.
SECTION 3.05 Prior to general public release by the Center, Management agrees to inform GESTA of decisions resulting in changes to the Center's role, mission, or organization when the change will impact the Bargaining Units.
