22 U.S.C. § 4107 — Functions of Foreign Service Labor Rela-

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