22 USC 4110 – Foreign Service Impasse Disputes Panel
(a) Establishment; composition
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.
The Chairperson of the Board shall set the terms of office for Panel members and determine who shall chair the Panel.
(b) Compensation; travel expenses
Terms Used In 22 USC 4110
- 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
- collective bargaining agreement: means an agreement entered into as a result of collective bargaining under the provisions of this subchapter. See 22 USC 4102
- 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. 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.
- Foreign Service: means the Foreign Service of the United States. See 22 USC 3902
- Government: means the Government of the United States. See 22 USC 3902
- 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
- management official: means an individual who&mdash. See 22 USC 4102
- Panel: means the Foreign Service Impasse Disputes Panel, established by section 4110(a) of this title. See 22 USC 4102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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) 1 of title 5. Members of the Panel shall be entitled to travel expenses as provided under section 5703 of title 5.
(c) Impasse investigation and settlement; hearings and other actions upon failure to settle; notice; binding nature of action
(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.