ARTICLE 5

EMPLOYER RIGHTS

1. The Employer retains the right, in accordance with the Federal Service Labor-Management Relations Statute,
   
   1. To determine the missions, budget, organization, number of Employees, and internal security practices of the Bureau; and
      
   2. In accordance with applicable laws:
      

      (1) to hire, assign, direct, layoff, and retain Employees, 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 Bureau 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 from any other appropriate source; and

      (4) to take whatever actions may be necessary to carry out the Employer’s mission during emergencies.

   3. Nothing shall preclude the Employer and the Union from negotiating:
      

      (1) at the election of the Employer, in the spirit of partnership, 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;

      (2) procedures which management officials will observe in exercising any authority under this section; or

      (3) appropriate arrangements for Employees adversely affected by the exercise of any authority under this section by such management officials.

2. The Employer retains all other rights provided by law, government-wide regulation, or other provisions of this Agreement.