§ 4113. — Representation rights and duties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4113]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 4113. Representation rights and duties
(a) Negotiation of collective bargaining agreements; nondiscriminatory
representation
A labor organization which has been accorded exclusive recognition
is the exclusive representative of, and is entitled to act for, and
negotiate collective bargaining agreements covering, all employees in
the unit described in section 4112 of this title. An exclusive
representative is responsible for representing the interests of all
employees in that unit without discrimination and without regard to
labor organization membership.
(b) Places of representation
(1) An exclusive representative shall be given the opportunity to be
represented at--
(A) any formal discussion between one or more representatives of
the Department and one or more employees in the unit (or their
representatives), concerning any grievance (as defined in section
4131 of this title) or any personnel policy or practice or other
general condition of employment; and
(B) any examination of an employee by a Department
representative in connection with an investigation if--
(i) the employee reasonably believes that the examination
may result in disciplinary action against the employee, and
(ii) the employee requests such representation.
(2) The Department shall annually inform employees of their rights
under paragraph (1)(B).
(c) Duty to bargain in good faith; determination of techniques assisting
negotiation
The Department and the exclusive representative, through appropriate
representatives, shall meet and negotiate in good faith for the purposes
of arriving at a collective bargaining agreement. In addition, the
Department and the exclusive representative may determine appropriate
techniques, consistent with the provisions of section 4110 of this
title, to assist in any negotiation.
(d) Applicability to other employee rights or remedies
The rights of an exclusive representative under this section shall
not preclude an employee from--
(1) being represented by an attorney or other representative of
the employee's own choosing, other than the exclusive
representative, in any grievance proceeding under subchapter XI of
this chapter; or
(2) exercising grievance or appeal rights established by law,
rule, or regulation.
(e) Obligations included in good faith bargaining
The duty of the Department and the exclusive representative to
negotiate in good faith shall include the obligation--
(1) to approach the negotiations with a sincere resolve to reach
a collective bargaining agreement;
(2) to be represented at the negotiations by duly authorized
representatives prepared to discuss and negotiate on any condition
of employment;
(3) to meet at reasonable times and convenient places as
frequently as may be necessary and to avoid unnecessary delays;
(4) for the Department to furnish to the exclusive
representative, or its authorized representative, upon request and
to the extent not prohibited by law, data--
(A) which is normally maintained by the Department in the
regular course of business;
(B) which is reasonably available and necessary for full and
proper discussion, understanding, and negotiation of subjects
within the scope of collective bargaining; and
(C) which does not constitute guidance, advice, counsel, or
training provided for management officials or confidential
employees, relating to collective bargaining;
(5) to negotiate jointly with respect to conditions of
employment applicable to employees in more than one of the agencies
authorized to utilize the Foreign Service personnel system, as
determined by the heads of such agencies; and
(6) if agreement is reached, to execute, upon the request of any
party to the negotiation, a written document embodying the agreed
terms, and to take the steps necessary to implement the agreement.
(f) Approval of agreement by Secretary; effective date; binding effect
(1) An agreement between the Department and the exclusive
representative shall be subject to approval by the Secretary.
(2) The Secretary shall approve the agreement within 30 days after
the date of the agreement unless the Secretary finds in writing that the
agreement is contrary to applicable law, rule, or regulation.
(3) Unless the Secretary disapproves the agreement by making a
finding under paragraph (2), the agreement shall take effect after 30
days from its execution and shall be binding on the Department and the
exclusive representative subject to all applicable laws, orders, and
regulations.
(g) Consultation by Department with exclusive representative
The Department shall consult with the exclusive representative with
respect to Government-wide or multiagency matters affecting the rights,
benefits, or obligations of individuals employed in agencies not
authorized to utilize the Foreign Service personnel system. The
exclusive representative shall be informed of any change proposed by the
Department with respect to such matters, and shall be permitted
reasonable time to present its views and recommendations regarding such
change. The Department shall consider the views and recommendations of
the exclusive representative before taking final action on any such
change, and shall provide the exclusive representative a written
statement of the reasons for taking the final action.
(Pub. L. 96-465, title I, Sec. 1013, Oct. 17, 1980, 94 Stat. 2135.)
Section Referred to in Other Sections
This section is referred to in section 4173 of this title.
