22 U.S.C. § 4109 — Judicial review and enforcement

Page 1537 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4109 which this subchapter applies, and the exclusive representative (if any) of employees in each such agency. In the event of inability to obtain agree- ment on a nominee, the Chairperson shall ap- point the remaining 2 members from among in- dividuals the Chairperson considers knowledge- able in labor-management relations and the con- duct of foreign affairs. (b) Chairperson serving concurrently as Chair- man of Authority; length of terms; designa- tion of alternate Chairperson The Chairperson shall serve on the Board while serving as Chairman of the Authority. Of the 2 original members of the Board other than the Chairperson, one shall be appointed for a 2- year term and one shall be appointed for a 3- year term. Thereafter, each member of the Board other than the Chairperson shall be ap- pointed for a term of 3 years, except that an in- dividual appointed to fill a vacancy occurring before the end of a term shall be appointed for the unexpired term of the member replaced. The Chairperson may at any time designate an alter- nate Chairperson from among the members of the Authority. (c) Vacancies A vacancy on the Board shall not impair the right of the remaining members to exercise the full powers of the Board. (d) Holding other Government offices or posi- tions; compensation The members of the Board, other than the Chairperson, may not hold another office or po- sition in the Government except as authorized by law, and shall receive compensation at the daily equivalent of the rate payable for level V of the Executive Schedule under section 5316 of title 5 for each day they are performing their duties (including traveltime). (e) Removal of members The Chairperson may remove any other Board member, upon written notice, for corruption, ne- glect of duty, malfeasance, or demonstrated in- capacity to perform his or her functions, estab- lished at a hearing, except where the right to a hearing is waived in writing. (Pub. L. 96–465, title I, § 1006, Oct. 17, 1980, 94 Stat. 2131.) § 4107. Functions of Foreign Service Labor Rela- tions Board (a) General provisions The Board shall— (1) supervise or conduct elections and deter- mine whether a labor organization has been selected as the exclusive representative by a majority of employees who cast valid ballots and otherwise administer the provisions of this subchapter relating to the according of exclusive recognition to a labor organization; (2) resolve complaints of alleged unfair labor practices; (3) resolve issues relating to the obligation to bargain in good faith; (4) resolve disputes concerning the effect, the interpretation, or a claim of breach of a collective bargaining agreement, in accord- ance with section 4114 of this title; and (5) take any action considered necessary to administer effectively the provisions of this subchapter. (b) Consistency or precedence of decisions under other provisions of law Decisions of the Board under this subchapter shall be consistent with decisions rendered by the Authority under chapter 71 of title 5, other than in cases in which the Board finds that spe- cial circumstances require otherwise. Decisions of the Board under this subchapter shall not be construed as precedent by the Authority, or any court or other authority, for any decision under chapter 71 of title 5. (c) Implementation In order to carry out its functions under this subchapter— (1) the Board shall by regulation adopt pro- cedures to apply in the administration of this subchapter; and (2) the Board may— (A) adopt other regulations concerning its functions under this subchapter; (B) conduct appropriate inquiries wherever persons subject to this subchapter are lo- cated; (C) hold hearings; (D) administer oaths, take the testimony or deposition of any individual under oath, and issue subpenas; (E) require the Department or a labor or- ganization to cease and desist from viola- tions of this subchapter and require it to take any remedial action the Board con- siders appropriate to carry out this sub- chapter; and (F) consistent with the provisions of this subchapter, exercise the functions the Au- thority has under chapter 71 of title 5 to the same extent and in the same manner as is the case with respect to persons subject to chapter 71 of such title. (Pub. L. 96–465, title I, § 1007, Oct. 17, 1980, 94 Stat. 2132.) § 4108. Functions of General Counsel The General Counsel may— (1) investigate alleged unfair labor practices under this subchapter, (2) file and prosecute complaints under this subchapter, and (3) exercise such other powers of the Board as the Board may prescribe. (Pub. L. 96–465, title I, § 1008, Oct. 17, 1980, 94 Stat. 2133.) § 4109. Judicial review and enforcement (a) Persons entitled to maintain action; time of filing; venue Except as provided in section 4114(d) of this title, any person aggrieved by a final order of the Board may, during the 60-day period begin- ning on the date on which the order was issued, institute an action for judicial review of such order in the United States Court of Appeals for the District of Columbia. (b) Enforcement of order; temporary relief or re- straining order The Board may petition the United States Court of Appeals for the District of Columbia for 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—