§461 — Title 10 Armed Forces | U.S. Code

Summary

If federal labor rules say an agency head does not have to consult or bargain about a matter because another law or governmentwide rule covers it, the Director of the National Geospatial-Intelligence Agency (NGA) also does not have to consult or bargain about that matter — even if that law or rule does not apply to NGA. The Director must recognize a union as the only bargaining representative only for the bargaining unit that was recognized for the Defense Mapping Agency on September 30, 1996. If the Director adds intelligence, counterintelligence, investigative, or security duties to a job and those new duties directly affect national security, that job leaves the bargaining unit and the employee loses union representation. That decision cannot be reviewed by the Federal Labor Relations Authority or any U.S. court.

Title 10, §461

Armed Forces — Source: USLM XML via OLRC

(a)If there is no obligation under the provisions of chapter 71 of title 5 for the head of an agency of the United States to consult or negotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regulation, the Director of the National Geospatial-Intelligence Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National Geospatial-Intelligence Agency.

(b)The Director of the National Geospatial-Intelligence Agency shall accord exclusive recognition to a labor organization under section 7111 of title 5 only for a bargaining unit that was recognized as appropriate for the Defense Mapping Agency on September 30, 1996.

(c)(1)If the Director of the National Geospatial-Intelligence Agency determines that the responsibilities of a position within a collective bargaining unit should be modified to include intelligence, counterintelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for that collective bargaining unit.

(2)A determination described in paragraph (1) that is made by the Director of the National Geospatial-Intelligence Agency may not be reviewed by the Federal Labor Relations Authority or any court of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Subsec. (a). Pub. L. 108–136, § 921(d)(2)(A), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency” in two places. Subsec. (b). Pub. L. 108–136, § 921(d)(2)(C), substituted “The Director of the National Geospatial-Intelligence Agency” for “The National Imagery and Mapping Agency” and “on September 30, 1996” for “on the day before the date on which employees and positions of the Defense Mapping Agency in that bargaining unit became employees and positions of the National Imagery and Mapping Agency under the National Imagery and Mapping Agency Act of 1996 (title XI of the National Defense Authorization Act for Fiscal Year 1997)”. Subsec. (c). Pub. L. 108–136, § 921(d)(2)(A), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an

Effective Date

of 1996 Amendment note under section 193 of this title.

§461 Management rights

Summary

Title 10, §461

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata