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29 U.S.C. § 50c — Improved apprenticeship program coordi-

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

29 U.S.C. § 50c — Improved apprenticeship program coordi-

Page 29 TITLE 29—LABOR § 50c levels of recognition and other appropriate levels agreed to by the employee union and management, or by adapting existing councils or committees if such groups exist, to help identify problems and propose so- lutions to better serve the public and agency mission; (ii) allow employees and their union representatives to have pre-decisional involvement in workplace mat- ters, including consultation on Registered Apprentice- ship recommendations and discussions with manage- ment for the development of joint solutions to work- place challenges; and (iii) evaluate and document, in consultation with union representatives and any further guidance pro- vided by OPM, changes in employee satisfaction, man- ager satisfaction, and organizational performance re- sulting from the Labor-Management Forums. (c) Each head of a Labor-Management Forum agency for which there exists one or more exclusive represent- atives, as defined in 5 U.S.C. 7103(a)(16), shall, in con- sultation with union representatives, prepare and sub- mit to OPM, within 180 days of the date of this order [Mar. 6, 2024], a written implementation plan that ad- dresses the requirements of subsection (b) of this sec- tion. The Office of Personnel Management shall review each plan within 60 days of receipt and shall determine whether to certify that the plan satisfies the require- ments of this order and any further guidance issued by OPM. Upon certification, the head of each Labor-Man- agement Forum agency shall ensure that the certified plan is faithfully executed. Any plan that is determined by OPM to be insufficient shall be returned to the Labor-Management Forum agency with guidance for improvement, and the agency shall resubmit its revised plan to OPM within 30 days o

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Source file: Laws/federal/codes/united-states-code-2024/title-29/section-50c-improved-apprenticeship-program-coordi--f61bbc2575.md
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Page 29 TITLE 29—LABOR § 50c levels of recognition and other appropriate levels agreed to by the employee union and management, or by adapting existing councils or committees if such groups exist, to help identify problems and propose so- lutions to better serve the public and agency mission; (ii) allow employees and their union representatives to have pre-decisional involvement in workplace mat- ters, including consultation on Registered Apprentice- ship recommendations and discussions with manage- ment for the development of joint solutions to work- place challenges; and (iii) evaluate and document, in consultation with union representatives and any further guidance pro- vided by OPM, changes in employee satisfaction, man- ager satisfaction, and organizational performance re- sulting from the Labor-Management Forums. (c) Each head of a Labor-Management Forum agency for which there exists one or more exclusive represent- atives, as defined in 5 U.S.C. 7103(a)(16), shall, in con- sultation with union representatives, prepare and sub- mit to OPM, within 180 days of the date of this order [Mar. 6, 2024], a written implementation plan that ad- dresses the requirements of subsection (b) of this sec- tion. The Office of Personnel Management shall review each plan within 60 days of receipt and shall determine whether to certify that the plan satisfies the require- ments of this order and any further guidance issued by OPM. Upon certification, the head of each Labor-Man- agement Forum agency shall ensure that the certified plan is faithfully executed. Any plan that is determined by OPM to be insufficient shall be returned to the Labor-Management Forum agency with guidance for improvement, and the agency shall resubmit its revised plan to OPM within 30 days of receipt of the original plan from OPM. SEC. 7. General Provisions. (a) This order supersedes Executive Order 13522 of December 9, 2009 (Creating Labor-Management Forums to Improve Delivery of Government Services). (b) Nothing in this order shall abrogate any collective bargaining agreements in effect as of the date of this order. (c) Nothing in this order shall be construed to limit, preclude, or prohibit the head of any executive depart- ment or agency from electing to negotiate over any or all of the subjects set forth in 5 U.S.C. 7106(b)(1) in any negotiation. (d) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (e) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 50a. Publication of information; national advi- sory committees The Secretary of Labor may publish informa- tion relating to existing and proposed labor standards of apprenticeship, and may appoint national advisory committees to serve without compensation. Such committees shall include representatives of employers, representatives of labor, educators, and officers of other executive departments, with the consent of the head of any such department. (Aug. 16, 1937, ch. 663, § 2, 50 Stat. 665.) § 50b. Appointment of employees The Secretary of Labor is authorized to ap- point such employees as he may from time to time find necessary for the administration of this chapter, with regard to existing laws appli- cable to the appointment and compensation of employees of the United States. (Aug. 16, 1937, ch. 663, § 3, 50 Stat. 665; July 12, 1943, ch. 221, title VII, 57 Stat. 518.) Editorial Notes CODIFICATION Proviso authorizing employment of certain persons in the division of apprentice training of National Youth Administration, was omitted in view of abolition of that agency by act July 12, 1943. Provision formerly in this section relieved National Youth Administration, after August 16, 1937, of respon- sibility for promotion of labor standards of apprentice- ship, and directed transfer of records and papers to De- partment of Labor. § 50c. Improved apprenticeship program coordi- nation between the Department of Labor and the Department of Veterans Affairs (a) Definitions In this Act: (1) Registered apprenticeship program The term ‘‘registered apprenticeship pro- gram’’ means an apprenticeship program reg- istered under the Act of August 16, 1937 (50 Stat. 664; commonly referred to as the ‘‘Na- tional Apprenticeship Act’’). (2) Secretary The term ‘‘Secretary’’ means the Secretary of Labor. (b) Additional registered apprenticeship pro- gram requirements Notwithstanding any other provision of law, for any program applying to become a registered apprenticeship program on or after the date that is 180 days after March 26, 2020, the Secretary shall— (1) acquire from the program sponsor a writ- ten assurance that the sponsor— (A) is aware of the availability of edu- cational assistance for a veteran or other in- dividual eligible under chapters 30 through 36 of title 38 for use in connection with a reg- istered apprenticeship program; (B) will make a good faith effort to obtain approval for educational assistance de- scribed in subparagraph (A) for, at a min- imum, each program location that employs or recruits a veteran or other individual eli- gible for educational assistance under chap- ters 30 through 36 of title 38; and (C) will not deny the application of a qualified candidate who is a veteran or other individual eligible for educational assistance described in subparagraph (A) for the pur- pose of avoiding making a good faith effort to obtain approval as described in subpara- graph (B); (2) in accordance with paragraphs (5) and (12) of section 29.5(b) of title 29, Code of Federal Regulations (as in effect on the day before Page 30 TITLE 29—LABOR § 51 March 26, 2020), require the program sponsor, to the extent practicable, to provide standards that contain provisions to grant advanced standing or credit, and provide increased wages commensurate to such standing or cred- it, for any veteran or other individual eligible for educational assistance under chapters 30 through 36 of title 38 who— (A) is enrolled in the registered appren- ticeship program; and (B)(i) has a demonstrated competence ap- plicable to the apprenticeship occupation; or (ii) has acquired experience, training, or skills through military service that is appli- cable to the apprenticeship occupation; and (3) when the Secretary approves the reg- istered apprenticeship program, provide a copy of the program’s certificate of registration to the State approving agency designated under chapter 36 of title 38 in the State where the program is located. (Pub. L. 116–134, § 2, Mar. 26, 2020, 134 Stat. 276.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 116–134, Mar. 26, 2020, 134 Stat. 276, known as the Support for Veterans in Effective Apprenticeships Act of 2019, which enacted this section and provisions set out as a note under section 50 of this title. For complete classi- fication of this Act to the Code, see Short Title of 2020 Amendment note set out under section 50 of this title and Tables. The Act of August 16, 1937, referred to in subsec. (a)(1), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, popularly known as the National Apprenticeship Act, which is classified generally to this chapter. For complete clas- sification of this Act to the Code, see Short Title note set out under section 50 of this title and Tables. CODIFICATION Section was enacted as part of the Support for Vet- erans in Effective Apprenticeships Act of 2019, and not as part of the National Apprenticeship Act which com- prises this chapter. CHAPTER 5—LABOR DISPUTES; MEDIATION AND INJUNCTIVE RELIEF Sec. 51. Repealed. 52. Statutory restriction of injunctive relief. 53. ‘‘Person’’ or ‘‘persons’’ defined. § 51. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 642 Section, act Mar. 4, 1913, ch. 141, § 8, 37 Stat. 738, re- lated to mediation in labor disputes and the appoint- ment of commissioners of conciliation. See section 172 of this title. § 52. Statutory restriction of injunctive relief No restraining order or injunction shall be granted by any court of the United States, or a judge or the judges thereof, in any case between an employer and employees, or between employ- ers and employees, or between employees, or be- tween persons employed and persons seeking employment, involving, or growing out of, a dis- pute concerning terms or conditions of employ- ment, unless necessary to prevent irreparable injury to property, or to a property right, of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the appli- cant or by his agent or attorney. And no such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any rela- tion of employment, or from ceasing to perform any work or labor, or from recommending, ad- vising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or commu- nicating information, or from peacefully per- suading any person to work or to abstain from working; or from ceasing to patronize or to em- ploy any party to such dispute, or from recom- mending, advising, or persuading others by peaceful and lawful means so to do; or from pay- ing or giving to, or withholding from, any per- son engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the ab- sence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph be considered or held to be violations of any law of the United States. (Oct. 15, 1914, ch. 323, § 20, 38 Stat. 738.) § 53. ‘‘Person’’ or ‘‘persons’’ defined The word ‘‘person’’ or ‘‘persons’’ wherever used in section 52 of this title shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. (Oct. 15, 1914, ch. 323, § 1, 38 Stat. 730.) Editorial Notes CODIFICATION Section is based on the 3d par. of section 1(a) of the Clayton Act (Oct. 15, 1914, ch. 323, as amended by sec- tion 305(b) of Pub. L. 94–435, Sept. 30, 1976). Section 1 of the Clayton Act is classified in its entirety to section 12 of Title 15, Commerce and Trade. CHAPTER 6—JURISDICTION OF COURTS IN MATTERS AFFECTING EMPLOYER AND EM- PLOYEE Sec. 101. Issuance of restraining orders and injunc- tions; limitation; public policy. 102. Public policy in labor matters declared. 103. Nonenforceability of undertakings in conflict with public policy; ‘‘yellow dog’’ contracts. 104. Enumeration of specific acts not subject to restraining orders or injunctions. 105. Doing in concert of certain acts as consti- tuting unlawful combination or conspiracy subjecting person to injunctive remedies. 106. Responsibility of officers and members of as- sociations or their organizations for unlaw- ful acts of individual officers, members, and agents. 107. Issuance of injunctions in labor disputes; hearing; findings of court; notice to affected persons; temporary restraining order; un- dertakings.

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

29 U.S.C. § 50c — Improved apprenticeship program coordination between the Department of Labor and the Department of Veterans Affairs

**(a) Definitions** In this Act: (1) **Registered apprenticeship program** — The term “registered apprenticeship program” means an apprenticeship program registered under the Act of August 16, 1937 (50 Stat. 664; commonly referred to as the “National Apprenticeship Act”). (2) **Secretary** — The term “Secretary” means the Secretary of Labor. **(b) Additional registered apprenticeship program requirements** Notwithstanding any other provision of law, for any program applying to become a registered apprenticeship program on or after the date that is 180 days after March 26, 2020, the Secretary shall— (1) acquire from the program sponsor a written assurance that the sponsor— (A) is aware of the availability of educational assistance for a veteran or other individual eligible under chapters 30 through 36 of title 38 for use in connection with a registered apprenticeship program; (B) will make a good faith effort to obtain approval for educational assistance described in subparagraph (A) for, at a minimum, each program location that employs or recruits a veteran or other individual eligible for educational assistance under chapters 30 through 36 of title 38; and (C) will not deny the application of a qualified candidate who is a veteran or other individual eligible for educational assistance described in subparagraph (A) for the purpose of avoiding making a good faith effort to obtain approval as described in subparagraph (B); (2) in accordance with paragraphs (5) and (12) of section 29.5(b) of title 29, Code of Federal Regulations (as in effect on the day before March 26, 2020), require the program sponsor, to the extent practicable, to provide standards that contain provisions to grant advanced standing or credit, and provide increased wages commensurate to s

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

5 U.S.C. § 7103 — Definitions; application

**(a)** For the purpose of this chapter— (1) “person” means an individual, labor organization, or agency; (2) “employee” means an individual— (A) employed in an agency; or (B) whose employment in an agency has ceased because of any unfair labor practice under [section 7116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7116&num=0&edition=prelim) and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Federal Labor Relations Authority; but does not include— (i) an alien or noncitizen of the United States who occupies a position outside the United States; (ii) a member of the uniformed services; (iii) a supervisor or a management official; (iv) an officer or employee in the Foreign Service of the United States employed in the Department of State, the International Communication Agency, the Agency for International Development, the Department of Agriculture, or the Department of Commerce; or (v) any person who participates in a strike in violation of [section 7311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7311&num=0&edition=prelim); (3) “agency” means an Executive agency (including a nonappropriated fund instrumentality described in [section 2105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim) and the Veterans’ Canteen Service, Department of Veterans Affairs), the Library of Congress, the Government Publishing Office, and the Smithsonian Institution 11 So in original. Probably should be followed by a comma. but does not include— (A) the Government Accountability Office; (B) the Federal Bureau of Investi

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

5 U.S.C. § 7103 — Definitions; application

Page 852 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7102 Office of Personnel Management also shall continu- ously review the operation of the Federal labor-man- agement relations program to assist in assuring adher- ence to its provisions and merit system requirements; implement technical advice and information programs for the agencies; assist in the development of programs for training agency personnel and management offi- cials in labor-management relations; and, from time to time, report to the Authority on the state of the pro- gram with any recommendations for its improvement. (b) The Office of Personnel Management shall develop programs for the collection and dissemination of infor- mation appropriate to the needs of agencies, organiza- tions and the public. SEC. 26. Effective date. This Order is effective on Janu- ary 1, 1970, except sections 7(f) and 8 which are effective immediately. Effective January 1, 1970, Executive Order No. 10988 and the President’s Memorandum of May 21, 1963, entitled Standards of Conduct for Em- ployee Organizations and Code of Fair Labor Practices, are revoked. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] EXECUTIVE ORDER NO. 12871 Ex. Ord. No. 12871, Oct. 1, 1993, 58 F.R. 52201, as amended by Ex. Ord. No. 12983, Dec. 21, 1995, 60 F.R. 66855; Ex. Ord. No. 13156, § 1, May 17, 2000, 65 F.R. 31785, which established the National Partnership Council and required the head of certain Government agencies to implement labor-management partnerships to help reform Government, was revoke

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

5 U.S.C. § 7106 — Management rights

**(a)** Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency— (1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and (2) in accordance with applicable laws— (A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees; (B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; (C) with respect to filling positions, to make selections for appointments from— (i) among properly ranked and certified candidates for promotion; or (ii) any other appropriate source; and (D) to take whatever actions may be necessary to carry out the agency mission during emergencies. **(b)** Nothing in this section shall preclude any agency and any labor organization from negotiating— (1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work; (2) procedures which management officials of the agency will observe in exercising any authority under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

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

5 U.S.C. § 7106 — Management rights

Page 862 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7106 attorneys designated by the Authority may ap- pear for the Authority and represent the Au- thority in any civil action brought in connec- tion with any function carried out by the Au- thority pursuant to this title or as otherwise au- thorized by law. (i) In the exercise of the functions of the Au- thority under this title, the Authority may re- quest from the Director of the Office of Per- sonnel Management an advisory opinion con- cerning the proper interpretation of rules, regu- lations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1196.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR- MANAGEMENT RELATIONS Subsec. (a)(2)(D), (E), (G), and (H) of this section sus- pended with respect to any matter which substantially impairs the implementation by the United States Forces of any treaty or agreement, including any min- utes or understandings thereto, between the United States and the Government of the host nation, see sec- tion 1(a) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title. § 7106. Management rights (a) Subject to subsection (b) of this section, nothing in this chapter shall affect the author- ity of any management official of any agency— (1) to determine the mission, budget, organi- zation, number of employees, and internal se- curity practices of the agency; and (2) in accor

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