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

Page 1539 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4113 (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 rep- resented for the purpose of collective bar- gaining 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 rep- resentative 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 ef- fect or a matter relating to representation; the Board shall investigate the petition, and if it has reasonable cause to believe that a ques- tion 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 sub- section shall not be conducted in any unit with- in which a valid election under this subsection has been held during the preceding 12 calendar months or with respect to which a labor organi- zation has been certified as the exclusive rep- resentative during the preceding 24 calendar months. (c) Intervention of labor organizations; place- ment 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 em- ployees 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 bal- lot; preferential voting; certification as exclu- sive 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 allow- ing 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 organi- zation. (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 pref- erences 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 rec- ognition shall submit to the Board and to the Department a roster of its officers and rep- resentatives, a copy of its constitution and by- laws, 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 or- ganization is subject to corrupt influence or influences opposed to democratic principles; or (2) in the case of a petition filed under sub- section (b)(1)(A), if there is not credible evi- dence that at least 30 percent of the employees wish to be represented for the purpose of col- lective 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 con- formity with regulations and rules or decisions of the Board. (Pub. L. 96–465, title I, § 1011, Oct. 17, 1980, 94 Stat. 2134.) § 4112. Employees represented The employees of the Department shall con- stitute a single and separate worldwide bar- gaining unit, from which there shall be ex- cluded— (1) employees engaged in personnel work in other than a purely clerical capacity; and (2) employees engaged in criminal or na- tional security investigations or who audit the work of individuals to insure that their func- tions are discharged honestly and with integ- rity. (Pub. L. 96–465, title I, § 1012, Oct. 17, 1980, 94 Stat. 2135.) § 4113. Representation rights and duties (a) Negotiation of collective bargaining agree- ments; nondiscriminatory representation A labor organization which has been accorded exclusive recognition is the exclusive represent- ative 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. An exclusive representative is re- sponsible for representing the interests of all employees in that unit without discrimination and without regard to labor organization mem- bership. (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) or any per- sonnel policy or practice or other general con- dition of employment; and 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