22 U.S.C. § 4110 — Foreign Service Impasse Disputes Panel

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—