§412 Labor-management Relations

Summary

Agencies or parts of agencies moved into the Department keep the protections of the federal labor law (chapter 71 of title 5) after June 18, 2002, unless two things both happen: the agency’s work and duties change a lot, and most employees now mainly do intelligence, counterintelligence, or investigative work tied to terrorism. Units that were officially recognized under that labor law the day before the transfer stay recognized under the same rule. A job or employee in those units cannot be removed from coverage unless the job’s main duty changes and becomes one of those terrorism-related intelligence or investigative tasks. This does not affect any order that already excluded parts that were never recognized or had their recognition ended. If the President finds these rules would seriously harm homeland security, the President can waive them, but only after sending Congress a written explanation and waiting 10 days. No other part of the chapter can override these rules unless it says so by name. Also, section 9701(e) of title 5 does not apply to any agency, subdivision, employee, or representative excluded under these rules.