10 U.S.C. § 461 — Management rights
submitted 30 years ago by Pub. L. 104-201 to r/title-10-ARMED-FORCES · 290 words · no verdicts yet
This law limits collective bargaining at the National Geospatial-Intelligence Agency. The agency's Director does not have to negotiate with a union on matters already covered by law or government-wide rule, and only recognizes one specific bargaining unit. The Director can also remove a position from union coverage if it takes on duties that directly affect national security, and that decision cannot be reviewed by any court.
(a) Scope. Under title 5, chapter 71, a federal agency head does not have to consult or negotiate with a union on a matter already covered by a law or a government-wide regulation. This section says the same rule protects the Director of the National Geospatial-Intelligence Agency, even on matters where that particular law or regulation technically does not apply to the agency.
(b) Bargaining units. The Director may grant exclusive union recognition, under section 7111 of title 5, only for the bargaining unit that was already recognized for the Defense Mapping Agency as of September 30, 1996.
(c) Removing a position from union coverage for national security reasons. (1) If the Director decides a position inside a union bargaining unit should be given new intelligence, counterintelligence, investigative, or security duties it didn't have before, and that those new duties directly affect national security, then once the position's duties are changed that way, the position leaves the bargaining unit and the employee in it loses the right to union representation. (2) A decision like this by the Director cannot be reviewed by the Federal Labor Relations Authority or by any U.S. court.
If there is no obligation under the provisions of chapter 71 of title 5 for the head of an agency of the United States to consult or negotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regulation, the Director of the National Geospatial-Intelligence Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National Geospatial-Intelligence Agency.
The Director of the National Geospatial-Intelligence Agency shall accord exclusive recognition to a labor organization under section 7111 of title 5 only for a bargaining unit that was recognized as appropriate for the Defense Mapping Agency on September 30, 1996.
If the Director of the National Geospatial-Intelligence Agency determines that the responsibilities of a position within a collective bargaining unit should be modified to include intelligence, counterintelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for that collective bargaining unit.
A determination described in paragraph (1) that is made by the Director of the National Geospatial-Intelligence Agency may not be reviewed by the Federal Labor Relations Authority or any court of the United States.
Source credit: (Added Pub. L. 104–201, div. A, title XI, § 1112(a)(2), Sept. 23, 1996, 110 Stat. 2681; amended Pub. L. 108–136, div. A, title IX, § 921(d)(2)(A), (C), Nov. 24, 2003, 117 Stat. 1568.)
- 1996Enacted · Pub. L. 104-201 · 110 Stat. 2681
- 2003Amended · Pub. L. 108-136 · 117 Stat. 1568
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-201 on 1996-09-23.
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