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10 U.S.C. § 461 — Management rights

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

10 U.S.C. § 461 — Management rights

**(a) Scope.—** If there is no obligation under the provisions of chapter 71 of title 5 for the head of an agency of the United States to consult or negotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regulation, the Director of the National Geospatial-Intelligence Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National Geospatial-Intelligence Agency. **(b) Bargaining Units.—** The Director of the National Geospatial-Intelligence Agency shall accord exclusive recognition to a labor organization under [section 7111 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7111&num=0&edition=prelim) only for a bargaining unit that was recognized as appropriate for the Defense Mapping Agency on September 30, 1996. **(c) Termination of Bargaining Unit Coverage of Position Modified To Affect National Security Directly.—** (1) If the Director of the National Geospatial-Intelligence Agency determines that the responsibilities of a position within a collective bargaining unit should be modified to include intelligence, counterintelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for that collective bargaining unit. (2) A determina

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Source file: Laws/federal/codes/united-states-code/title-10/section-461-management-rights--0d4488c4de.md
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Source location: Title 10, Chapter 22, § 461; chapter-022-national-geospatial-intelligence-agency.md

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**(a) Scope.—** If there is no obligation under the provisions of chapter 71 of title 5 for the head of an agency of the United States to consult or negotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regulation, the Director of the National Geospatial-Intelligence Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National Geospatial-Intelligence Agency. **(b) Bargaining Units.—** The Director of the National Geospatial-Intelligence Agency shall accord exclusive recognition to a labor organization under [section 7111 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7111&num=0&edition=prelim) only for a bargaining unit that was recognized as appropriate for the Defense Mapping Agency on September 30, 1996. **(c) Termination of Bargaining Unit Coverage of Position Modified To Affect National Security Directly.—** (1) If the Director of the National Geospatial-Intelligence Agency determines that the responsibilities of a position within a collective bargaining unit should be modified to include intelligence, counterintelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for that collective bargaining unit. (2) A determination described in paragraph (1) that is made by the Director of the National Geospatial-Intelligence Agency may not be reviewed by the Federal Labor Relations Authority or any court of the United States.

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

10 U.S.C. § 193 — Combat support agencies: oversight

**(a) Combat Readiness.—** (1) Periodically (and not less often than every two years), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense and the congressional defense committees a report on the combat support agencies. Each such report shall include— (A) a determination with respect to the responsiveness and readiness of each such agency to support operating forces in the event of a war or threat to national security; and (B) any recommendations that the Chairman considers appropriate. (2) In preparing each such report, the Chairman shall review the plans of each such agency with respect to its support of operating forces in the event of a war or threat to national security. After consultation with the Secretaries of the military departments and the commanders of the unified and specified combatant commands, as appropriate, the Chairman may, with the approval of the Secretary of Defense, take steps to provide for any revision of those plans that the Chairman considers appropriate. **(b) Participation in Joint Training Exercises.—** The Chairman shall— (1) provide for the participation of the combat support agencies in joint training exercises to the extent necessary to ensure that those agencies are capable of performing their support missions with respect to a war or threat to national security; and (2) assess the performance in joint training exercises of each such agency and, in accordance with guidelines established by the Secretary of Defense, take steps to provide for any change that the Chairman considers appropriate to improve that performance. **(c) Readiness Reporting System.—** The Chairman shall develop, in consultation with the director of each combat support agency, a uniform system for reporting to the Secretar

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 193

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

5 U.S.C. § 7111 — Exclusive recognition of labor organizations

**(a)** An agency 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 an appropriate unit who cast valid ballots in the election. **(b)** If a petition is filed with the Authority— (1) by any person alleging— (A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or (B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege 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 Authority 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 Authority finds on the record of the hearing that a question of representation exists, the Authority 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 appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held. **(c)** A labor organization which— (1) has been designated by at least 10 percent of the employees in the unit specified in any petition file

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

10 U.S.C. § 461 — Management rights

Page 476 TITLE 10—ARMED FORCES § 461 ‘‘(6) to support Department of Defense operations and infrastructure with a skilled geospatial work- force. ‘‘(c) LOCATION.— ‘‘(1) IN GENERAL.—In selecting a location for the pilot program required under subsection (a), the Sec- retary shall prioritize a location— ‘‘(A) where the Secretary can partner with an eli- gible institution of higher education that— ‘‘(i) conducts research; ‘‘(ii) is in close proximity to National Geospatial-Intelligence Agency facilities outside of the National Capital Region; ‘‘(iii) offers programs of education in geospatial or related matters; and ‘‘(iv) has a demonstrated ability to build the professional workforce, by impacting kinder- garten through college learning and beyond, as demonstrated by an educational partnership agreement and a collaborative research and de- velopment agreement with the National Geospatial-Intelligence Agency; ‘‘(B) that has a significant presence of Depart- ment of Defense installations or related activities; and ‘‘(C) that demonstrates a strong potential to re- cruit from a broad spectrum of academic candidates for growth in geospatial technology sectors;[.] ‘‘(2) ELIGIBLE INSTITUTIONS OF HIGHER EDUCATION.— For purposes of the Pilot Program, an eligible insti- tution of higher education is an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that— ‘‘(A) is an institution of higher education de- scribed in paragraph (1)(A); ‘‘(B) has a demonstrated capacity for research and development in geospatial technologies; and ‘‘(C) engages in partnerships with local schools and community organizations to promote geospatial education at all levels. ‘‘(d) IMPLEMENTATION.—In carrying

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