§ 4115. — Unfair labor practices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4115]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 4115. Unfair labor practices
(a) Department of State
It shall be an unfair labor practice for the Department--
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this subchapter;
(2) to encourage or discourage membership in any labor
organization by discrimination in connection with hiring, tenure,
promotion, or other conditions of employment;
(3) to sponsor, control, or otherwise assist any labor
organization, other than to furnish upon request customary and
routine services and facilities on an impartial basis to labor
organizations having equivalent status;
(4) to discipline or otherwise discriminate against an employee
because the employee has filed a complaint or petition, or has given
any information, affidavit, or testimony under this subchapter;
(5) to refuse to consult or negotiate in good faith with a labor
organization, as required under this subchapter;
(6) to fail or refuse to cooperate in impasse procedures and
impasse decisions, as required under this subchapter;
(7) to enforce any rule or regulation (other than a rule or
regulation implementing section 2302 of title 5) which is in
conflict with an applicable collective bargaining agreement if the
agreement was in effect before the date the rule or regulation was
prescribed; or
(8) to fail or refuse otherwise to comply with any provision of
this subchapter.
(b) Labor organizations
It shall be an unfair labor practice for a labor organization--
(1) to interfere with, restrain, or coerce any employee in the
exercise by the employee of any right under this subchapter;
(2) to cause or attempt to cause the Department to discriminate
against any employee in the exercise by the employee of any right
under this subchapter;
(3) to coerce, discipline, fine, or attempt to coerce a member
of the labor organization as punishment or reprisal, or for the
purpose of hindering or impeding the member's work performance or
productivity as an employee or the discharge of the member's
functions as an employee;
(4) to discriminate against an employee with regard to the terms
and conditions of membership in the labor organization on the basis
of race, color, creed, national origin, sex, age preferential or
nonpreferential civil service status, political affiliation, marital
status, or handicapping condition;
(5) to refuse to consult or negotiate in good faith with the
Department, as required under this subchapter;
(6) to fail or refuse to cooperate in impasse procedures and
impasse decisions, as required under this subchapter;
(7)(A) to call, or participate in, a strike, work stoppage, or
slowdown, or to picket the Department in a labor-management dispute
(except that any such picketing in the United States which does not
interfere with the Department's operations shall not be an unfair
labor practice); or
(B) to condone any unfair labor practice described in
subparagraph (A) by failing to take action to prevent or stop such
activity;
(8) to deny membership to any employee in the unit represented
by the labor organization except--
(A) for failure to tender dues uniformly required as a
condition of acquiring and retaining membership, or
(B) in the exercise of disciplinary procedures consistent
with the organization's constitution or bylaws and this
subchapter; or
(9) to fail or refuse otherwise to comply with any provision of
this subchapter.
(c) Personal views, arguments, opinions, or statements
The expression of any personal view, argument, or opinion, or the
making of any statement, which--
(1) publicizes the fact of a representational election and
encourages employees to exercise their right to vote in such an
election;
(2) corrects the record with respect to any false or misleading
statement made by any person; or
(3) informs employees of the Government's policy relating to
labor-management relations and representation,
if the expression contains no threat of reprisal or force or promise of
benefit and was not made under coercive conditions shall not--
(A) constitute an unfair labor practice under this subchapter,
or
(B) constitute grounds for the setting aside of any election
conducted under this subchapter.
(d) Election of remedies
Issues which can properly be raised under an appeals procedure may
not be raised as unfair labor practices prohibited under this section.
Except for matters wherein, under section 4139(a)(2) of this title, an
employee has an option of using the grievance procedure under subchapter
XI of this chapter or an appeals procedure, issues which can be raised
under section 4114 of this title or subchapter XI of this chapter may,
in the discretion of the aggrieved party, be raised either under such
section or subchapter or else raised as an unfair labor practice under
this section, but may not be raised both under this section and under
section 4114 of this title or subchapter XI of this chapter.
(Pub. L. 96-465, title I, Sec. 1015, Oct. 17, 1980, 94 Stat. 2137; Pub.
L. 102-138, title I, Sec. 153(d)(2), Oct. 28, 1991, 105 Stat. 674.)
Amendments
1991--Subsec. (d). Pub. L. 102-138 substituted ``section
4139(a)(2)'' for ``section 4139(b)''.
Effective Date of 1991 Amendment
Section 153(f) of Pub. L. 102-138 provided that: ``The amendments
made by this section [amending this section and sections 4131, 4134,
4137, 4139, and 4140 of this title] shall not apply with respect to any
grievance (within the meaning of section 1101 of the Act [22 U.S.C.
4131], as amended by this section) arising before the date of enactment
of this Act [Oct. 28, 1991].''
Section Referred to in Other Sections
This section is referred to in sections 4102, 4117 of this title;
title 5 section 5596.
