The employer shall not bargain over rights of management which, in addition to all powers, duties, and rights established by constitutional provision or statute, shall include but not be limited to the following:

     (1) The functions and programs of the employer, the use of technology, and the structure of the organization;

     (2) The employer's budget and the size of the agency workforce, including determining the financial basis for layoffs;

     (3) The right to direct and supervise employees;

     (4) The right to take whatever actions are deemed necessary to carry out the mission of the state and its agencies during emergencies; and

     (5) Retirement plans and retirement benefits.

[2002 c 354 § 305.]