{"identifier":"/us/usc/t22/s4102","title":22,"num":"\u00a7\u202f4102.","heading":"Definitions","text":"\u00a7\u202f4102.\nDefinitions\nAs used in this subchapter, the term\u2014\n(1) \u201cAuthority\u201d means the Federal Labor Relations Authority, described in\nsection 7104(a) of title 5\n(2) \u201cBoard\u201d means the Foreign Service Labor Relations Board, established by\nsection 4106(a) of this title\n(3) \u201ccollective bargaining\u201d 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;\n(4) \u201ccollective bargaining agreement\u201d means an agreement entered into as a result of collective bargaining under the provisions of this subchapter;\n(5) \u201cconditions of employment\u201d means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters\u2014\n(A) relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5;\n(B) relating to the designation or classification of any position under\nsection 3981 of this title\n(C) to the extent such matters are specifically provided for by Federal statute; or\n(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;\n(6) \u201cconfidential employee\u201d 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;\n(7) \u201cdues\u201d means dues, fees, and assessments;\n(8) \u201cemployee\u201d means\u2014\n(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\nsection 3951 of this title\nsection 7311 of title 5\n(B) a former member of the Service as described in subparagraph (A) whose employment has ceased because of an unfair labor practice under\nsection 4115 of this title\n(9) \u201cexclusive representative\u201d means any labor organization which is certified as the exclusive representative of employees under\nsection 4111 of this title\n(10) \u201cGeneral Counsel\u201d means the General Counsel of the Authority;\n(11) \u201clabor organization\u201d 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\n(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 disability;\n(B) an organization which advocates the overthrow of the constitutional form of government of the United States;\n(C) an organization sponsored by the Department; or\n(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;\n(12) \u201cmanagement official\u201d means an individual who\u2014\n(A) is a chief of mission or principal officer;\n(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;\n(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);\n(D) is serving as a deputy to any individual described by subparagraph (A), (B), or (C);\n(E) is assigned to carry out functions of the Inspector General of the Department of State and the Foreign Service under\nsection 3929 of this title\n(F) is engaged in the administration of this subchapter or in the formulation of the personnel policies and programs of the Department;\n(13) \u201cPanel\u201d means the Foreign Service Impasse Disputes Panel, established by\nsection 4110(a) of this title\n(14) \u201cperson\u201d means an individual, a labor organization, or an agency to which this subchapter applies.","url":"https://projectusc.org/usc/t22/s4102.html","content":[{"t":"sec","id":"/us/usc/t22/s4102","children":[{"t":"num","text":"\u00a7\u202f4102."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this subchapter, the term\u2014"},{"t":"para","id":"/us/usc/t22/s4102/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cAuthority\u201d means the Federal Labor Relations Authority, described in ","children":[{"t":"ref","text":"section 7104(a) of title 5","href":"/us/usc/t5/s7104/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" \u201cBoard\u201d means the Foreign Service Labor Relations Board, established by ","children":[{"t":"ref","text":"section 4106(a) of this title","href":"/us/usc/t22/s4106/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" \u201ccollective bargaining\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" \u201ccollective bargaining agreement\u201d means an agreement entered into as a result of collective bargaining under the provisions of this subchapter;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" \u201cconditions of employment\u201d means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters\u2014"},{"t":"subpara","id":"/us/usc/t22/s4102/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" relating to the designation or classification of any position under ","children":[{"t":"ref","text":"section 3981 of this title","href":"/us/usc/t22/s3981","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" to the extent such matters are specifically provided for by Federal statute; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/5/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cconfidential employee\u201d 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" \u201cdues\u201d means dues, fees, and assessments;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/8","children":[{"t":"num","text":"(8)"},{"t":"chapeau","text":" \u201cemployee\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t22/s4102/8/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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 ","children":[{"t":"ref","text":"section 3951 of this title","href":"/us/usc/t22/s3951","tail":", or any individual who participates in a strike in violation of "},{"t":"ref","text":"section 7311 of title 5","href":"/us/usc/t5/s7311","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/8/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a former member of the Service as described in subparagraph (A) whose employment has ceased because of an unfair labor practice under ","children":[{"t":"ref","text":"section 4115 of this title","href":"/us/usc/t22/s4115","tail":" and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Board;"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" \u201cexclusive representative\u201d means any labor organization which is certified as the exclusive representative of employees under ","children":[{"t":"ref","text":"section 4111 of this title","href":"/us/usc/t22/s4111","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" \u201cGeneral Counsel\u201d means the General Counsel of the Authority;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/11","children":[{"t":"num","text":"(11)"},{"t":"chapeau","text":" \u201clabor organization\u201d 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 ","children":[{"t":"ref","text":"section 4131 of this title","href":"/us/usc/t22/s4131","tail":") and conditions of employment, but does not include\u2014"}]},{"t":"subpara","id":"/us/usc/t22/s4102/11/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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 disability;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an organization which advocates the overthrow of the constitutional form of government of the United States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/11/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" an organization sponsored by the Department; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/11/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/12","children":[{"t":"num","text":"(12)"},{"t":"chapeau","text":" \u201cmanagement official\u201d means an individual who\u2014"},{"t":"subpara","id":"/us/usc/t22/s4102/12/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is a chief of mission or principal officer;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/12/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/12/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" occupies a position which in the sole judgment of the Secretary is of comparable importance to the offices mentioned in subparagraph (A) or (B);","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/12/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" is serving as a deputy to any individual described by subparagraph (A), (B), or (C);","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/12/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" is assigned to carry out functions of the Inspector General of the Department of State and the Foreign Service under ","children":[{"t":"ref","text":"section 3929 of this title","href":"/us/usc/t22/s3929","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s4102/12/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" is engaged in the administration of this subchapter or in the formulation of the personnel policies and programs of the Department;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" \u201cPanel\u201d means the Foreign Service Impasse Disputes Panel, established by ","children":[{"t":"ref","text":"section 4110(a) of this title","href":"/us/usc/t22/s4110/a","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s4102/14","children":[{"t":"num","text":"(14)"},{"t":"content","text":" \u201cperson\u201d means an individual, a labor organization, or an agency to which this subchapter applies.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}