Section 1. In the administration of all matters covered by this Agreement, officials and employees are governed by existing or future laws and the regulations of appropriate authorities to which the Library is subject, by Library regulations (LCRs) in existence at the time of this Agreement that are not inconsistent with this Agreement, and by subsequently-published Library policies and regulations including those required by law and/or by the regulations of appropriate authorities to which the Library is subject.

Section 2. Management officials of the Library retain the rights in accordance with applicable laws and regulations, and nothing in this Agreement shall affect the authority of any Library official:

1. to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and
2. in accordance with applicable laws:
1. 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;
2. to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;
3. with respect to filling positions, to make selections for appointments from:
1. among properly ranked and certified candidates for promotion; or
2. any other appropriate source; and
4. to take whatever actions may be necessary to carry out the agency mission during emergencies.

Section 3. In making rules and regulations relating to personnel policies, practices, and conditions of employment, the Library shall give due regard and consideration to the rights of the Guild and for the obligation imposed on it by this Agreement and 5 USC Ch. 71. Unless waived in this Agreement, and/or in midterm bargaining agreements, the obligation to meet, consult, and bargain does not include the following matters: numbers, types and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or the technology, methods, and means of performing work. This does not preclude the Parties from negotiating procedures which management officials of the Library will observe in exercising their authority, and appropriate arrangements for employees adversely affected by the exercise of any authority under this article.

Section 4. Human Resources Services shall receive five (5) published copies of Guild literature which has a general distribution through the Library mail system such as newsletters, flyers, etc.

Library of Congress
101 Independence Ave. SE
Washington, D.C. 20540
Comments: lcweb@loc.gov
(04/16/02)