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22 U.S.C. § 4110 — Foreign Service Impasse Disputes Panel

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

22 U.S.C. § 4110 — Foreign Service Impasse Disputes Panel

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Stable record: federal_law:legal_authorities:record_usc_de492de8fe20f7ab21f4a97c
Source file: Laws/federal/codes/united-states-code/title-22/section-4110-foreign-service-impasse-disputes-panel--3d3ed2b797.md
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Source location: Title 22, Chapter 52, § 4110; chapter-052-foreign-service.md

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**(a) Establishment; composition** There is established within the Federal Labor Relations Authority the Foreign Service Impasse Disputes Panel, which shall assist in resolving negotiating impasses arising in the course of collective bargaining under this subchapter. The Chairperson shall select the Panel from among individuals the Chairperson considers knowledgeable in labor-management relations or the conduct of foreign affairs. The Panel shall be composed of 5 members, as follows: (1) 2 members of the Service (other than a management official, a confidential employee, or a labor organization official); (2) one individual employed by the Department of Labor; (3) one member of the Federal Service Impasses Panel; and (4) one public member who does not hold any other office or position in the Government. The Chairperson of the Board shall set the terms of office for Panel members and determine who shall chair the Panel. **(b) Compensation; travel expenses** Panel members referred to in subsection (a)(3) and (4) shall receive compensation for each day they are performing their duties (including traveltime) at the daily equivalent of the maximum rate payable for grade GS–18 of the General Schedule under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim), except that the member who is also a member of the Federal Service Impasses Panel shall not be entitled to pay under this subsection for any day for which he or she receives pay under section 7119(b)(4) 11 See References in Text note below. of title 5. Members of the Panel shall be entitled to travel expenses as provided under [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim). **(c) Impasse investigation and settlement; hearings and other actions upon failure to settle; notice; binding nature of action** (1) The Panel or its designee shall promptly investigate any impasse presented to it by a party. The Panel shall consider the impasse and shall either— (A) recommend to the parties to the negotiation procedures for the resolution of the impasse; or (B) assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish the purpose of this section. (2) If the parties do not arrive at a settlement after assistance by the Panel under paragraph (1), the Panel may— (A) hold hearings; (B) administer oaths, take the testimony or deposition of any individual under oath, and issue subpenas as provided in [section 7132 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7132&num=0&edition=prelim); and (C) take whatever action is necessary and not inconsistent with this subchapter to resolve the impasse. (3) Notice of any final action of the Panel under this section shall be promptly served upon the parties, and the action shall be binding on such parties during the term of the collective bargaining agreement unless the parties agree otherwise.

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

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376

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

5 U.S.C. § 7132 — Subpenas

**(a)** Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), and any employee of the Authority designated by the Authority may— (1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and (2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence. No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management. **(b)** In the case of contumacy or failure to obey a subpena issued under subsection (a)(1) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. **(c)** Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7132

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

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5703

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

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332

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

22 U.S.C. § 4113 — Representation rights and duties

**(a) Negotiation of collective bargaining agreements; nondiscriminatory representation** A labor organization which has been accorded exclusive recognition is the exclusive representative of, and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit described in [section 4112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4112&num=0&edition=prelim). An exclusive representative is responsible for representing the interests of all employees in that unit without discrimination and without regard to labor organization membership. **(b) Places of representation** (1) An exclusive representative shall be given the opportunity to be represented at— (A) any formal discussion between one or more representatives of the Department and one or more employees in the unit (or their representatives), concerning any grievance (as defined in [section 4131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131&num=0&edition=prelim)) or any personnel policy or practice or other general condition of employment; and (B) any examination of an employee by a Department representative in connection with an investigation if— (i) the employee reasonably believes that the examination may result in disciplinary action against the employee, and (ii) the employee requests such representation. (2) The Department shall annually inform employees of their rights under paragraph (1)(B). **(c) Duty to bargain in good faith; determination of techniques assisting negotiation** The Department and the exclusive representative, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargainin

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4113

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

22 U.S.C. § 4110 — Foreign Service Impasse Disputes Panel

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

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4110

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