Page:United States Statutes at Large Volume 92 Part 1.djvu/1252

 92 STAT. 1198

PUBLIC LAW 9 5 - 4 5 4 ^ 0 C T. 13, 1978

affirm, modify, or reverse any action reviewed under this subsection. If the Authority does not undertake to grant review of the action under this subsection within 60 days after the later of— " (1) the date of the action; or "(2) the date of the filing of any application under this subsection for review of the action; the action shall become the action of the Authority at the end of such 60-day period. "(g) In order to carry out its functions under this chapter, the Authority may— Hearings. "(1) hold hearings; Administer oaths. "(2) administer oaths, take the testimony or deposition of any person under oath, and issue subpenas as provided in section 7132 .Ai-nttM, of this title; and "(3) may require an agency or a labor organization to cease and desist from violations of this chapter and require it to take any remedial action it considers appropriate to carry out the olicies of this chapter. ^) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Authority may appear for the Authority and represent the Authority in any civil action brought in connection with any function carried out by the Authority pursuant to this title or as otherwise authorized by law. "(i) In the exercise of the functions of the Authority under this title, the Authority may request from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority. 5 USC 7106. «§ 7106. Management rights "(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency— "(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and "(2) in accordance with applicable laws— "(A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, „, or take other disciplinary action against such employees; "(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; "(C) with respect to filling positions, to make selections for appointments from— "(i) among properly ranked and certified candidates for promotion; or " (ii) any other appropriate source; and "(D) to take whatever actions may be necessary to carry out the agency mission during emergencies. "(b) Nothing in this section shall preclude any agency and any labor organization from negotiating— "(1) at the election of the agency, 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;
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