22 USC 4107 – Functions of Foreign Service Labor Relations Board
(a) General provisions
The Board shall—
(1) supervise or conduct elections and determine whether a labor organization has been selected as the exclusive representative by a majority of employees who cast valid ballots and otherwise administer the provisions of this subchapter relating to the according of exclusive recognition to a labor organization;
(2) resolve complaints of alleged unfair labor practices;
(3) resolve issues relating to the obligation to bargain in good faith;
(4) resolve disputes concerning the effect, the interpretation, or a claim of breach of a collective bargaining agreement, in accordance with section 4114 of this title; and
(5) take any action considered necessary to administer effectively the provisions of this subchapter.
(b) Consistency or precedence of decisions under other provisions of law
Terms Used In 22 USC 4107
- Authority: means the Federal Labor Relations Authority, described in section 7104(a) of title 5. See 22 USC 4102
- Board: means the Foreign Service Labor Relations Board, established by section 4106(a) of this title. See 22 USC 4102
- 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. See 22 USC 4102
- Department: means the Department of State, except that with reference to the exercise of functions under this chapter with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency. See 22 USC 3902
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- exclusive representative: means any labor organization which is certified as the exclusive representative of employees under section 4111 of this title. See 22 USC 4102
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- 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&mdash. See 22 USC 4102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Decisions of the Board under this subchapter shall be consistent with decisions rendered by the Authority under chapter 71 of title 5, other than in cases in which the Board finds that special circumstances require otherwise. Decisions of the Board under this subchapter shall not be construed as precedent by the Authority, or any court or other authority, for any decision under chapter 71 of title 5.
(c) Implementation
In order to carry out its functions under this subchapter—
(1) the Board shall by regulation adopt procedures to apply in the administration of this subchapter; and
(2) the Board may—
(A) adopt other regulations concerning its functions under this subchapter;
(B) conduct appropriate inquiries wherever persons subject to this subchapter are located;
(C) hold hearings;
(D) administer oaths, take the testimony or deposition of any individual under oath, and issue subpenas;
(E) require the Department or a labor organization to cease and desist from violations of this subchapter and require it to take any remedial action the Board considers appropriate to carry out this subchapter; and
(F) consistent with the provisions of this subchapter, exercise the functions the Authority has under chapter 71 of title 5 to the same extent and in the same manner as is the case with respect to persons subject to chapter 71 of such title.