§ 4102. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4102]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 4102. Definitions
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 handicapping
condition;
(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.
(Pub. L. 96-465, title I, Sec. 1002, Oct. 17, 1980, 94 Stat. 2129; Pub.
L. 103-236, title I, Sec. 180(a)(9), Apr. 30, 1994, 108 Stat. 416.)
Amendments
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,''.
Section Referred to in Other Sections
This section is referred to in sections 3902, 4117, 6613 of this
title; title 5 section 5596.
