§412 Labor-management relations

Summary

Agencies or parts of agencies moved into the Department must stay covered by chapter 71 of title 5 (federal labor relations) unless two things happen: their mission and responsibilities change in an important way, and most of the workers there have main job duties that are intelligence, counterintelligence, or investigative work directly related to terrorism investigations. Units that were already recognized for bargaining stay recognized after the move unless those same two conditions occur. No job or person can be removed from a unit unless the job’s main duty changes and becomes one of those terrorism‑related intelligence or investigative duties. If the President finds these rules would seriously hurt homeland security, the President can waive them after sending Congress a written explanation; the waiver takes effect 10 days after that notice. No other part of this chapter overrides these rules unless it specifically refers to them. Section 9701(e) of title 5 does not apply to any agency, subdivision, employees, or their representatives that are excluded under the orders described above.