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22 U.S.C. § 4111 — Exclusive recognition

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4111 — Exclusive recognition

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Source file: Laws/federal/codes/united-states-code/title-22/section-4111-exclusive-recognition--d1cf679a1e.md
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Source location: Title 22, Chapter 52, § 4111; chapter-052-foreign-service.md

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**(a) Secret ballot election; majority vote** The Department shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in a unit who cast valid ballots in the election. **(b) Investigation of petition; hearing; supervision of election; certification of results; length of time between elections** If a petition is filed with the Board— (1) by any person alleging— (A) in the case of a unit for which there is no exclusive representative, that 30 percent of the employees in the unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or (B) in the case of a unit for which there is an exclusive representative, that 30 percent of the employees in the unit alleged that the exclusive representative is no longer the representative of the majority of the employees in the unit; or (2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation; the Board shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Board finds on the record of the hearing that a question of representation exists, the Board shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any unit within which a valid election under this subsection has been held during the preceding 12 calendar months or with respect to which a labor organization has been certified as the exclusive representative during the preceding 24 calendar months. **(c) Intervention of labor organizations; placement on ballot** A labor organization which— (1) has been designated by at least 10 percent of the employees in the unit; or (2) is the exclusive representative of the employees involved; may intervene with respect to a petition filed pursuant to subsection (b) and shall be placed on the ballot of any election under subsection (b) with respect to the petition. **(d) Eligibility to vote; regulations; choices on ballot; preferential voting; certification as exclusive representative** (1) The Board shall determine who is eligible to vote in any election under this section and shall establish regulations governing any such election, which shall include regulations allowing employees eligible to vote the opportunity to choose— (A) from labor organizations on the ballot, that labor organization which the employees wish to have represent them; or (B) not to be represented by a labor organization. (2) In any election in which more than two choices are on the ballot, the regulations of the Board shall provide for preferential voting. If no choice receives a majority of first preferences, the Board shall distribute to the two choices having the most first preferences the preferences as between those two of the other valid ballots cast. The choice receiving a majority of preferences shall be declared the winner. A labor organization which is declared the winner of the election shall be certified by the Board as the exclusive representative. **(e) Submission of required material** A labor organization seeking exclusive recognition shall submit to the Board and to the Department a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives. **(f) Grounds for denial of exclusive recognition status** Exclusive recognition shall not be accorded to a labor organization— (1) if the Board determines that the labor organization is subject to corrupt influence or influences opposed to democratic principles; or (2) in the case of a petition filed under subsection (b)(1)(A), if there is not credible evidence that at least 30 percent of the employees wish to be represented for the purpose of collective bargaining by the labor organization seeking exclusive recognition. **(g) Waiver of hearings; consent elections** Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules or decisions of the Board.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4102 — Definitions

As used in this subchapter, the term— (1) “Authority” means the Federal Labor Relations Authority, described in [section 7104(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7104/a&num=0&edition=prelim); (2) “Board” means the Foreign Service Labor Relations Board, established by [section 4106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4106/a&num=0&edition=prelim); (3) “collective bargaining” means the performance of the mutual obligation of the management representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting employees, and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession; (4) “collective bargaining agreement” means an agreement entered into as a result of collective bargaining under the provisions of this subchapter; (5) “conditions of employment” means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters— (A) relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5; (B) relating to the designation or classification of any position under [section 3981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3981&num=0&edition=prelim); (C) to the extent such matters are specifically provided for by Federal statute; or

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4111 — Exclusive recognition

Page 1538 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4110 1 See References in Text note below. the enforcement of any order of the Board under this subchapter and for any appropriate tem- porary relief or restraining order. (c) Applicability of other provisions of law Subsection (c) of section 7123 of title 5 shall apply to judicial review and enforcement of ac- tions by the Board in the same manner that it applies to judicial review and enforcement of ac- tions of the Authority under chapter 71 of title 5. (d) Unfair labor practices The Board may, upon issuance of a complaint as provided in section 4116 of this title charging that any person has engaged in or is engaging in an unfair labor practice, petition the United States District Court for the District of Colum- bia, for appropriate temporary relief (including a restraining order). Upon the filing of the peti- tion, the court shall cause notice thereof to be served upon the person, and thereupon shall have jurisdiction to grant any temporary relief (including a temporary restraining order) it con- siders just and proper. A court shall not grant any temporary relief under this section if it would interfere with the ability of the Depart- ment to carry out its essential functions or if the Board fails to establish probable cause that an unfair labor practice is being committed. (Pub. L. 96–465, title I, § 1009, Oct. 17, 1980, 94 Stat. 2133.) § 4110. Foreign Service Impasse Disputes Panel (a) Establishment; composition There is established within the Federal Labor Relations Authority the Foreign Service Im- passe Disputes Panel, which shall assist in re- solving negotiating impasses arising in the course of collective bargaining under this sub- chapter. The Chairperson shall select the P

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