§ 4118. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4118]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 4118. Administrative provisions
(a) Assignment for deduction of dues
If the Department has received from any individual a written
assignment which authorizes the Department to deduct from the salary of
that individual amounts for the payment of regular and periodic dues of
the exclusive representative, the Department shall honor the assignment.
Any such assignment shall be made at no cost to the exclusive
representative or the individual. Except as provided in subsection (b)
of this section, any such assignment may not be revoked for a period of
one year from its execution.
(b) Termination of assignment for deduction of dues
An assignment for deduction of dues shall terminate when--
(1) the labor organization ceases to be the exclusive
representative;
(2) the individual ceases to receive a salary from the
Department as a member of the Service; or
(3) the individual is suspended or expelled from membership in
the exclusive representative.
(c) Negotiations with uncertified labor organizations
During any period when no labor organization is certified as the
exclusive representative of employees in the Department, the Department
shall have the duty to negotiate with a labor organization which has
filed a petition under section 4111(b)(1)(A) of this title alleging that
10 percent of the employees in the Department have membership in the
organization if the Board has determined that the petition is valid.
Negotiations under this subsection shall be concerned solely with the
deduction of dues of the labor organization from the salary of the
individuals who are members of the labor organization and who make a
voluntary allotment for that purpose. Any agreement between the
Department and a labor organization under this subsection shall
terminate upon the certification of an exclusive representative of any
employees to whom the agreement applies.
(d) Official time usage
The following provisions shall apply to the use of official time:
(1) Any employee representing an exclusive representative in the
negotiation of a collective bargaining agreement under this
subchapter shall be authorized official time for such purposes,
including attendance at impasse proceedings, during the time the
employee otherwise would be in a duty status. The number of
employees for whom official time is authorized under this paragraph
shall not exceed the number of individuals designated as
representing the Department for such purposes.
(2) Any activities performed by any employee relating to the
internal business of the labor organization, including the
solicitation of membership, elections of labor organization
officials, and collection of dues, shall be performed during the
time the employee is in a nonduty status.
(3) Except as provided in paragraph (1), the Board shall
determine whether any employee participating for, or on behalf of, a
labor organization in any phase of proceedings before the Board
shall be authorized official time for such purpose during the time
the employee would otherwise be in a duty status.
(4) Except as provided in paragraphs (1), (2), and (3), any
employee representing an exclusive representative, or engaged in any
other matter covered by this subchapter, shall be granted official
time in any amount the Department and the exclusive representative
agree to be reasonable, necessary, and in the public interest.
(Pub. L. 96-465, title I, Sec. 1018, Oct. 17, 1980, 94 Stat. 2141.)
