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 among properly ranked and certified candidates for promotion, or 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 Section; and
c. appropriate arrangements for employees adversely affected by the exercise of any authority under this Section by such Management officials.