22 U.S.C. § 4114 — Resolution of implementation disputes

Page 1540 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4114 (B) any examination of an employee by a De- partment 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 representa- tion. (2) The Department shall annually inform em- ployees of their rights under paragraph (1)(B). (c) Duty to bargain in good faith; determination of techniques assisting negotiation The Department and the exclusive representa- tive, through appropriate representatives, shall meet and negotiate in good faith for the pur- poses of arriving at a collective bargaining agreement. In addition, the Department and the exclusive representative may determine appro- priate techniques, consistent with the provi- sions of section 4110 of this title, to assist in any negotiation. (d) Applicability to other employee rights or remedies The rights of an exclusive representative under this section shall not preclude an em- ployee from— (1) being represented by an attorney or other representative of the employee’s own choos- ing, other than the exclusive representative, in any grievance proceeding under subchapter XI; or (2) exercising grievance or appeal rights es- tablished by law, rule, or regulation. (e) Obligations included in good faith bargaining The duty of the Department and the exclusive representative to negotiate in good faith shall include the obligation— (1) to approach the negotiations with a sin- cere resolve to reach a collective bargaining agreement; (2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of em- ployment; (3) to meet at reasonable times and conven- ient places as frequently as may be necessary and to avoid unnecessary delays; (4) for the Department to furnish to the ex- clusive representative, or its authorized rep- resentative, upon request and to the extent not prohibited by law, data— (A) which is normally maintained by the Department in the regular course of busi- ness; (B) which is reasonably available and nec- essary for full and proper discussion, under- standing, and negotiation of subjects within the scope of collective bargaining; and (C) which does not constitute guidance, ad- vice, counsel, or training provided for man- agement officials or confidential employees, relating to collective bargaining; (5) to negotiate jointly with respect to con- ditions of employment applicable to employ- ees in more than one of the agencies author- ized to utilize the Foreign Service personnel system, as determined by the heads of such agencies; and (6) if agreement is reached, to execute, upon the request of any party to the negotiation, a written document embodying the agreed terms, and to take the steps necessary to im- plement the agreement. (f) Approval of agreement by Secretary; effective date; binding effect (1) An agreement between the Department and the exclusive representative shall be subject to approval by the Secretary. (2) The Secretary shall approve the agreement within 30 days after the date of the agreement unless the Secretary finds in writing that the agreement is contrary to applicable law, rule, or regulation. (3) Unless the Secretary disapproves the agree- ment by making a finding under paragraph (2), the agreement shall take effect after 30 days from its execution and shall be binding on the Department and the exclusive representative subject to all applicable laws, orders, and regu- lations. (g) Consultation by Department with exclusive representative The Department shall consult with the exclu- sive representative with respect to Government- wide or multiagency matters affecting the rights, benefits, or obligations of individuals employed in agencies not authorized to utilize the Foreign Service personnel system. The ex- clusive representative shall be informed of any change proposed by the Department with re- spect to such matters, and shall be permitted reasonable time to present its views and rec- ommendations regarding such change. The De- partment shall consider the views and rec- ommendations of the exclusive representative before taking final action on any such change, and shall provide the exclusive representative a written statement of the reasons for taking the final action. (Pub. L. 96–465, title I, § 1013, Oct. 17, 1980, 94 Stat. 2135.) § 4114. Resolution of implementation disputes (a) Grievance procedure Any dispute between the Department and the exclusive representative concerning the effect, interpretation, or a claim of breach of a collec- tive bargaining agreement shall be resolved through procedures negotiated by the Depart- ment and the exclusive representative. Any pro- cedures negotiated under this section shall— (1) be fair and simple, (2) provide for expeditious processing, and (3) include provision for appeal to the For- eign 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 Page 1541 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4115 (2) on other grounds similar to those applied by Federal courts in private sector labor-man- agement relations; the Board may take such action and make such recommendations concerning the Foreign Serv- ice Grievance Board action as it considers nec- essary, 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. (Pub. L. 96–465, title I, § 1014, Oct. 17, 1980, 94 Stat. 2137.) § 4115. Unfair labor practices (a) Department of State It shall be an unfair labor practice for the De- partment— (1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter; (2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment; (3) to sponsor, control, or otherwise assist any labor organization, other than to furnish upon request customary and routine services and facilities on an impartial basis to labor or- ganizations having equivalent status; (4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint or petition, or has given any information, affidavit, or testimony under this subchapter; (5) to refuse to consult or negotiate in good faith with a labor organization, as required under this subchapter; (6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter; (7) to enforce any rule or regulation (other than a rule or regulation implementing sec- tion 2302 of title 5) which is in conflict with an applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or (8) to fail or refuse otherwise to comply with any provision of this subchapter. (b) Labor organizations It shall be an unfair labor practice for a labor organization— (1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter; (2) to cause or attempt to cause the Depart- ment to discriminate against any employee in the exercise by the employee of any right under this subchapter; (3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment or reprisal, or for the purpose of hindering or impeding the member’s work per- formance or productivity as an employee or the discharge of the member’s functions as an employee; (4) to discriminate against an employee with regard to the terms and conditions of member- ship in the labor organization on the basis of race, color, creed, national origin, sex, age preferential or nonpreferential civil service status, political affiliation, marital status, or disability; (5) to refuse to consult or negotiate in good faith with the Department, as required under this subchapter; (6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter; (7)(A) to call, or participate in, a strike, work stoppage, or slowdown, or to picket the Department in a labor-management dispute (except that any such picketing in the United States which does not interfere with the De- partment’s operations shall not be an unfair labor practice); or (B) to condone any unfair labor practice de- scribed in subparagraph (A) by failing to take action to prevent or stop such activity; (8) to deny membership to any employee in the unit represented by the labor organization except— (A) for failure to tender dues uniformly re- quired as a condition of acquiring and re- taining membership, or (B) in the exercise of disciplinary proce- dures consistent with the organization’s con- stitution or bylaws and this subchapter; or (9) to fail or refuse otherwise to comply with any provision of this subchapter. (c) Personal views, arguments, opinions, or state- ments The expression of any personal view, argu- ment, or opinion, or the making of any state- ment, which— (1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such an election; (2) corrects the record with respect to any false or misleading statement made by any person; or (3) informs employees of the Government’s policy relating to labor-management relations and representation, if the expression contains no threat of reprisal or force or promise of benefit and was not made under coercive conditions shall not— (A) constitute an unfair labor practice under this subchapter, or (B) constitute grounds for the setting aside of any election conducted under this sub- chapter. (d) Election of remedies Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 4139(a)(2) of this title, an employee has an option of using the grievance procedure under sub- chapter XI or an appeals procedure, issues which