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22 U.S.C. § 4107 — Functions of Foreign Service Labor Relations Board
Federal law — U.S. Code and appendices · legal_authorities
**(a) General provisions** The Board shall—
(1) supervise or conduct elections and determine whether a labor organization has been selected as the exclusive representative by a majority of employees who cast valid ballots and otherwise administer the provisions of this subchapter relating to the according of exclusive recognition to a labor organization;
(2) resolve complaints of alleged unfair labor practices;
(3) resolve issues relating to the obligation to bargain in good faith;
(4) resolve disputes concerning the effect, the interpretation, or a claim of breach of a collective bargaining agreement, in accordance with [section 4114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4114&num=0&edition=prelim); and
(5) take any action considered necessary to administer effectively the provisions of this subchapter.
**(b) Consistency or precedence of decisions under other provisions of law** Decisions of the Board under this subchapter shall be consistent with decisions rendered by the Authority under chapter 71 of title 5, other than in cases in which the Board finds that special circumstances require otherwise. Decisions of the Board under this subchapter shall not be construed as precedent by the Authority, or any court or other authority, for any decision under chapter 71 of title 5.
**(c) Implementation** In order to carry out its functions under this subchapter—
(1) the Board shall by regulation adopt procedures to apply in the administration of this subchapter; and
(2) the Board may—
(A) adopt other regulations concerning its functions under this subchapter;
(B) conduct appropriate inquiries wherever persons subject to this subchapter are located;
(C) hold hearings;
(D) administer oaths, take the testim
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Stable record: federal_law:legal_authorities:record_usc_1b79d863db14338c5b570302
Source file: Laws/federal/codes/united-states-code/title-22/section-4107-functions-of-foreign-service-labor-relations-board--f9255497fe.md
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Source location: Title 22, Chapter 52, § 4107; chapter-052-foreign-service.md
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**(a) General provisions** The Board shall—
(1) supervise or conduct elections and determine whether a labor organization has been selected as the exclusive representative by a majority of employees who cast valid ballots and otherwise administer the provisions of this subchapter relating to the according of exclusive recognition to a labor organization;
(2) resolve complaints of alleged unfair labor practices;
(3) resolve issues relating to the obligation to bargain in good faith;
(4) resolve disputes concerning the effect, the interpretation, or a claim of breach of a collective bargaining agreement, in accordance with [section 4114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4114&num=0&edition=prelim); and
(5) take any action considered necessary to administer effectively the provisions of this subchapter.
**(b) Consistency or precedence of decisions under other provisions of law** Decisions of the Board under this subchapter shall be consistent with decisions rendered by the Authority under chapter 71 of title 5, other than in cases in which the Board finds that special circumstances require otherwise. Decisions of the Board under this subchapter shall not be construed as precedent by the Authority, or any court or other authority, for any decision under chapter 71 of title 5.
**(c) Implementation** In order to carry out its functions under this subchapter—
(1) the Board shall by regulation adopt procedures to apply in the administration of this subchapter; and
(2) the Board may—
(A) adopt other regulations concerning its functions under this subchapter;
(B) conduct appropriate inquiries wherever persons subject to this subchapter are located;
(C) hold hearings;
(D) administer oaths, take the testimony or deposition of any individual under oath, and issue subpenas;
(E) require the Department or a labor organization to cease and desist from violations of this subchapter and require it to take any remedial action the Board considers appropriate to carry out this subchapter; and
(F) consistent with the provisions of this subchapter, exercise the functions the Authority has under chapter 71 of title 5 to the same extent and in the same manner as is the case with respect to persons subject to chapter 71 of such title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grievance procedure** Any dispute between the Department and the exclusive representative concerning the effect, interpretation, or a claim of breach of a collective bargaining agreement shall be resolved through procedures negotiated by the Department and the exclusive representative. Any procedures negotiated under this section shall—
(1) be fair and simple,
(2) provide for expeditious processing, and
(3) include provision for appeal to the Foreign Service Grievance Board by either party of any dispute not satisfactorily settled.
**(b) Review by Foreign Service Labor Relations Board** Either party to an appeal under subsection (a)(3) may file with the Board an exception to the action of the Foreign Service Grievance Board in resolving the implementation dispute. If, upon review, the Board finds that the action is deficient—
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts in private sector labor-management relations;
the Board may take such action and make such recommendations concerning the Foreign Service Grievance Board action as it considers necessary, consistent with applicable laws, rules, and regulations.
**(c) Time of filing exceptions; finality and binding nature of action** If no exception to a Foreign Service Grievance Board action is filed under subsection (b) within 30 days after such action is communicated to the parties, such action shall become final and binding and shall be implemented by the parties.
**(d) Judicial review** Resolutions of disputes under this section shall not be subject to judicial review.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4114
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Federal law — U.S. Code and appendices · legal_authorities
Page 1537
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4109
which this subchapter applies, and the exclusive
representative (if any) of employees in each such
agency. In the event of inability to obtain agree-
ment on a nominee, the Chairperson shall ap-
point the remaining 2 members from among in-
dividuals the Chairperson considers knowledge-
able in labor-management relations and the con-
duct of foreign affairs.
(b) Chairperson serving concurrently as Chair-
man of Authority; length of terms; designa-
tion of alternate Chairperson
The Chairperson shall serve on the Board
while serving as Chairman of the Authority. Of
the 2 original members of the Board other than
the Chairperson, one shall be appointed for a 2-
year term and one shall be appointed for a 3-
year term. Thereafter, each member of the
Board other than the Chairperson shall be ap-
pointed for a term of 3 years, except that an in-
dividual appointed to fill a vacancy occurring
before the end of a term shall be appointed for
the unexpired term of the member replaced. The
Chairperson may at any time designate an alter-
nate Chairperson from among the members of
the Authority.
(c) Vacancies
A vacancy on the Board shall not impair the
right of the remaining members to exercise the
full powers of the Board.
(d) Holding other Government offices or posi-
tions; compensation
The members of the Board, other than the
Chairperson, may not hold another office or po-
sition in the Government except as authorized
by law, and shall receive compensation at the
daily equivalent of the rate payable for level V
of the Executive Schedule under section 5316 of
title 5 for each day they are performing their
duties (including traveltime).
(e) Removal of members
The Chairperson may remove any other Boar
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4107
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