§ 4116. — Prevention of unfair labor practices.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 22USC4116]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 4116. Prevention of unfair labor practices
(a) Investigation by General Counsel; issuance of complaint; statement
of reasons
If the Department or labor organization is charged by any person
with having engaged in or engaging in an unfair labor practice, the
General Counsel shall investigate the charge and may issue and cause to
be served upon the Department or labor organization a complaint. In any
case in which the General Counsel does not issue a complaint because the
charge fails to state an unfair labor practice, the General Counsel
shall provide the person making the charge a written statement of the
reasons for not issuing a complaint.
(b) Notice in complaint
Any complaint under subsection (a) of this section shall contain a
notice--
(1) of the charge;
(2) that a hearing will be held before the Board (or any member
thereof or before an individual employed by the Board and designated
for such purpose); and
(3) of the time and place fixed for the hearing.
(c) Answer; personal appearance
The labor organization or Department involved shall have the right
to file an answer to the original and any amended complaint and to
appear in person or otherwise and give testimony at the time and place
fixed in the complaint for the hearing.
(d) Time of filing of charges
(1) Except as provided in paragraph (2), no complaint shall be
issued based on any alleged unfair labor practice which occurred more
than 6 months before the filing of the charge with the Board.
(2) If the General Counsel determines that the person filing any
charge was prevented from filing the charge during the 6-month period
referred to in paragraph (1) by reason of--
(A) any failure of the Department or labor organization against
which the charge is made to perform a duty owed to the person, or
(B) any concealment which prevented discovery of the alleged
unfair labor practice during the 6-month period,
the General Counsel may issue a complaint based on the charge if the
charge was filed during the 6-month period beginning on the day of the
discovery by the person of the alleged unfair labor practice.
(e) Regulations providing for resolution through informal methods
The General Counsel may prescribe regulations providing for informal
methods by which the alleged unfair labor practice may be resolved prior
to the issuance of a complaint.
(f) Hearing
The Board (or any member thereof or any individual employed by the
Board and designated for such purpose) shall conduct a hearing on the
complaint not earlier than 5 days after the date on which the complaint
is served. In the discretion of the individual or individuals conducting
the hearing, any person involved may be allowed to intervene in the
hearing and to present testimony. Any such hearing shall, to the extent
practicable, be conducted in accordance with the provisions of
subchapter II of chapter 5 of title 5, except that the parties shall not
be bound by rules of evidence, whether statutory, common law, or adopted
by a court. A transcript shall be kept of the hearing. After such a
hearing the Board, in its discretion, may upon notice receive further
evidence or hear argument.
(g) Findings of fact relative to issuance of orders; backpay
If the Board (or any member thereof or any individual employed by
the Board and designated for such purpose) determines after any hearing
on a complaint under subsection (f) of this section that the
preponderance of the evidence received demonstrates that the Department
or labor organization named in the complaint has engaged in or is
engaging in an unfair labor practice, then the individual or individuals
conducting the hearing shall state in writing their findings of fact and
shall issue and cause to be served on the Department or labor
organization an order--
(1) to cease and desist from any such unfair labor practice in
which the Department or labor organization is engaged;
(2) requiring the parties to renegotiate a collective bargaining
agreement in accordance with the order of the Board and requiring
that the agreement, as amended, be given retroactive effect;
(3) requiring reinstatement of an employee with backpay in
accordance with section 5596 of title 5; or
(4) including any combination of the actions described in
paragraphs (1) through (3) or such other action as will carry out
the purpose of this subchapter.
If any such order requires reinstatement of an employee with backpay,
backpay may be required of the Department (as provided in section 5596
of title 5) or of the labor organization, as the case may be, which is
found to have engaged in the unfair labor practice involved.
(h) Findings of fact requiring dismissal of complaint
If the individual or individuals conducting the hearing determine
that the preponderance of the evidence received fails to demonstrate
that the Department or labor organization named in the complaint has
engaged in or is engaging in an unfair labor practice, the individual or
individuals shall state in writing their findings of fact and shall
issue an order dismissing the complaint.
(Pub. L. 96-465, title I, Sec. 1016, Oct. 17, 1980, 94 Stat. 2139.)
Section Referred to in Other Sections
This section is referred to in section 4109 of this title.
