§4102 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Defines key words used for labor relations in the Foreign Service. "Authority" means the Federal Labor Relations Authority. "Board" means the Foreign Service Labor Relations Board. "Panel" means the Foreign Service Impasse Disputes Panel. "General Counsel" means the Authority’s General Counsel. "Collective bargaining" means the duty of Department management and the employees’ certified representative to meet at fair times, try in good faith to reach an agreement about working conditions, and put any agreement in writing if asked, but neither side is forced to agree or give something up. "Collective bargaining agreement" is any agreement reached that way. "Conditions of employment" means policies and practices that affect work, but it excludes certain matters like political activity rules abroad, position designations under section 3981, things already decided by other federal laws, and Government-wide duties of the Secretary that affect other agencies. "Confidential employee" is someone who works in confidence for a person who makes or carries out labor-management policy. "Dues" means dues, fees, and assessments. "Employee" means a U.S. citizen member of the Service wherever serving, with listed exceptions (management officials, confidential employees, consular agents, certain hires under section 3951, or anyone who unlawfully strikes under section 7311); it also includes a former member whose job ended because of an unfair labor practice under section 4115 and who has not found comparable regular work. "Exclusive representative" is a labor organization certified under section 4111. "Labor organization" is a group of employees that members pay dues to and that deals with the Department about grievances and work conditions, but it does not include groups that bar membership for protected reasons, seek to overthrow the government, are sponsored by the Department, or take part in strikes against the Government. "Management official" covers chiefs of mission and principal officers, presidential appointees, positions the Secretary says are comparable, their deputies, those carrying out Inspector General functions under section 3929, and people who run this subchapter or set Department personnel policy. "Person" means an individual, a labor organization, or an agency covered by these rules.

Title 22, §4102

Foreign Relations and Intercourse — Source: USLM XML via OLRC

As used in this subchapter, the term—

(1)“Authority” means the Federal Labor Relations Authority, described in section 7104(a) of title 5;

(2)“Board” means the Foreign Service Labor Relations Board, established by section 4106(a) of this title;

(3)“collective bargaining” means the performance of the mutual obligation of the management representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting employees, and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession;

(4)“collective bargaining agreement” means an agreement entered into as a result of collective bargaining under the provisions of this subchapter;

(5)“conditions of employment” means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters—

(A)relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5;

(B)relating to the designation or classification of any position under section 3981 of this title;

(C)to the extent such matters are specifically provided for by Federal statute; or

(D)relating to Government-wide or multiagency responsibility of the Secretary affecting the rights, benefits, or obligations of individuals employed in agencies other than those which are authorized to utilize the Foreign Service personnel system;

(6)“confidential employee” means an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations;

(7)“dues” means dues, fees, and assessments;

(8)“employee” means—

(A)a member of the Service who is a citizen of the United States, wherever serving, other than a management official, a confidential employee, a consular agent, a member of the Service who is a United States citizen (other than a family member) employed under section 3951 of this title, or any individual who participates in a strike in violation of section 7311 of title 5; or

(B)a former member of the Service as described in subparagraph (A) whose employment has ceased because of an unfair labor practice under section 4115 of this title and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Board;

(9)“exclusive representative” means any labor organization which is certified as the exclusive representative of employees under section 4111 of this title;

(10)“General Counsel” means the General Counsel of the Authority;

(11)“labor organization” means an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose dealing with the Department concerning grievances (as defined in section 4131 of this title) and conditions of employment, but does not include—

(A)an organization which, by its constitution, bylaws, tacit agreement among its members, or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or disability;

(B)an organization which advocates the overthrow of the constitutional form of government of the United States;

(C)an organization sponsored by the Department; or

(D)an organization which participates in the conduct of a strike against the Government or any agency thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike;

(12)“management official” means an individual who—

(A)is a chief of mission or principal officer;

(B)is serving in a position to which appointed by the President, by and with the advice and consent of the Senate, or by the President alone;

(C)occupies a position which in the sole judgment of the Secretary is of comparable importance to the offices mentioned in subparagraph (A) or (B);

(D)is serving as a deputy to any individual described by subparagraph (A), (B), or (C);

(E)is assigned to carry out functions of the Inspector General of the Department of State and the Foreign Service under section 3929 of this title; or

(F)is engaged in the administration of this subchapter or in the formulation of the personnel policies and programs of the Department;

(13)“Panel” means the Foreign Service Impasse Disputes Panel, established by section 4110(a) of this title; and

(14)“person” means an individual, a labor organization, or an agency to which this subchapter applies.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Par. (11)(A). Pub. L. 117–263 substituted “disability” for “handicapping condition”. 1994—Par. (8)(A). Pub. L. 103–236 inserted “a member of the Service who is a United States citizen (other than a family member) employed under section 3951 of this title,”.

§4102 Definitions

Summary

Title 22, §4102

Notes & Related Subsidiaries

Editorial Notes

Amendments

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