As used in this subchapter, the term—
section 7104(a) of title 5 “Authority” means the Federal Labor Relations Authority, described in ;
section 4106(a) of this title “Board” means the Foreign Service Labor Relations Board, established by ;
“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;
“collective bargaining agreement” means an agreement entered into as a result of collective bargaining under the provisions of this subchapter;
“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—
relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5;
section 3981 of this title relating to the designation or classification of any position under ;
to the extent such matters are specifically provided for by Federal statute; or
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;
“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;
“dues” means dues, fees, and assessments;
“employee” means—
section 3951 of this titlesection 7311 of title 5 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 , or any individual who participates in a strike in violation of ; or
section 4115 of this title a former member of the Service as described in subparagraph (A) whose employment has ceased because of an unfair labor practice under and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Board;
section 4111 of this title “exclusive representative” means any labor organization which is certified as the exclusive representative of employees under ;
“General Counsel” means the General Counsel of the Authority;
section 4131 of this title “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 ) and conditions of employment, but does not include—
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;
an organization which advocates the overthrow of the constitutional form of government of the United States;
an organization sponsored by the Department; or
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;
“management official” means an individual who—
is a chief of mission or principal officer;
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;
occupies a position which in the sole judgment of the Secretary is of comparable importance to the offices mentioned in subparagraph (A) or (B);
is serving as a deputy to any individual described by subparagraph (A), (B), or (C);
section 3929 of this title is assigned to carry out functions of the Inspector General of the Department of State and the Foreign Service under ; or
is engaged in the administration of this subchapter or in the formulation of the personnel policies and programs of the Department;
section 4110(a) of this title “Panel” means the Foreign Service Impasse Disputes Panel, established by ; and
“person” means an individual, a labor organization, or an agency to which this subchapter applies.
Pub. L. 96–465, title I, § 100294 Stat. 2129Pub. L. 103–236, title I, § 180(a)(9)108 Stat. 416Pub. L. 117–263, div. I, title XCII, § 9219(3)136 Stat. 3879(, , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 117–2632022—Par. (11)(A). substituted “disability” for “handicapping condition”.
Pub. L. 103–236section 3951 of this title1994—Par. (8)(A). inserted “a member of the Service who is a United States citizen (other than a family member) employed under ,”.