22 U.S.C. § 4111 — Exclusive recognition

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 Panel from among individuals the Chairperson con- siders knowledgeable in labor-management rela- tions or the conduct of foreign affairs. The Panel shall be composed of 5 members, as fol- lows: (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 Depart- ment of Labor; (3) one member of the Federal Service Im- passes 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 trav- eltime) at the daily equivalent of the maximum rate payable for grade GS–18 of the General Schedule under section 5332 of title 5, except that the member who is also a member of the Federal Service Impasses Panel shall not be en- titled to pay under this subsection for any day for which he or she receives pay under section 7119(b)(4) 1 of title 5. Members of the Panel shall be entitled to travel expenses as provided under section 5703 of title 5. (c) Impasse investigation and settlement; hear- ings 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 negotia- tion procedures for the resolution of the im- passe; or (B) assist the parties in resolving the im- passe through whatever methods and proce- dures, including factfinding and recommenda- tions, it may consider appropriate to accom- plish 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; and (C) take whatever action is necessary and not inconsistent with this subchapter to re- solve 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. (Pub. L. 96–465, title I, § 1010, Oct. 17, 1980, 94 Stat. 2133.) Editorial Notes REFERENCES IN TEXT Section 7119(b)(4) of title 5, referred to in subsec. (b), probably means section 7119(c)(4) of Title 5, Govern- ment Organization and Employees. Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4111. Exclusive recognition (a) Secret ballot election; majority vote The Department shall accord exclusive rec- ognition to a labor organization if the organiza- tion has been selected as the representative, in a secret ballot election, by a majority of the em- ployees in a unit who cast valid ballots in the election. (b) Investigation of petition; hearing; supervision of election; certification of results; length of time between elections If a petition is filed with the Board— 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