§4110 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Federal Labor Relations Authority must create a Foreign Service Impasse Disputes Panel to help settle bargaining deadlocks. The Panel has 5 members: 2 Foreign Service employees (not managers, confidential staff, or union officials), one Department of Labor employee, one member from the Federal Service Impasses Panel, and one public member who holds no other government job. The Federal Service Impasses Panel member and the public member get daily pay equal to the top GS‑18 daily rate under section 5332 of title 5, except the member who is paid under section 7119(b)(4) of title 5 will not be paid again for the same day. Travel expenses follow section 5703 of title 5. The Panel must quickly look into any impasse a party brings. It will either suggest ways to fix the deadlock or help the parties directly, using methods like factfinding and recommendations. If the parties still do not settle, the Panel may hold hearings, take sworn testimony or depositions, issue subpoenas under section 7132 of title 5, and take other actions allowed by law. Any final action must be promptly given to the parties and is binding for the life of the collective bargaining agreement unless the parties agree otherwise.

Title 22, §4110

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)There is established within the Federal Labor Relations Authority the Foreign Service Impasse Disputes Panel, which shall assist in resolving negotiating impasses arising in the course of collective bargaining under this subchapter. The Chairperson shall select the Panel from among individuals the Chairperson considers knowledgeable in labor-management relations or the conduct of foreign affairs. The Panel shall be composed of 5 members, as follows:

(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 Department of Labor;

(3)one member of the Federal Service Impasses Panel; and

(4)one public member who does not hold any other office or position in the Government.

(b)Panel members referred to in subsection (a)(3) and (4) shall receive compensation for each day they are performing their duties (including traveltime) 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 entitled to pay under this subsection for any day for which he or she receives pay under section 7119(b)(4) 11 See References in Text note below. of title 5. Members of the Panel shall be entitled to travel expenses as provided under section 5703 of title 5.

(c)(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 negotiation procedures for the resolution of the impasse; or

(B)assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish 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 resolve 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.

Notes & Related Subsidiaries

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, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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 Organization 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.

§4110 Foreign Service Impasse Disputes Panel