22 U.S.C. § 4113 — Representation rights and duties

(a) A labor organization with exclusive recognition is the exclusive representative of all employees in the section 4112 unit and may act for them and negotiate their collective bargaining agreements. It must represent every employee’s interests without discrimination and without regard to membership. (b)(1) The organization must have an opportunity to be represented at (A) formal discussions between Department representatives and unit employees or their representatives about a grievance, personnel policy or practice, or another general employment condition; and (B) an employee examination during an investigation if the employee reasonably thinks discipline may result and asks for representation. (2) The Department must tell employees about the right in (1)(B) every year. (c) The Department and exclusive representative, through proper representatives, must meet and bargain in good faith to reach an agreement. They may also choose negotiation techniques consistent with section 4110. (d) These rights do not stop an employee from (1) choosing an attorney or another representative, other than the exclusive representative, in a subchapter XI grievance; or (2) using grievance or appeal rights created by law, rule, or regulation. (e) Good-faith bargaining includes duties (1) to sincerely try to reach an agreement; (2) to use authorized representatives ready to discuss any employment condition; (3) to meet at reasonable times and convenient places as often as needed and avoid needless delay; (4) for the Department, on request and unless law forbids, to provide data normally kept in business, reasonably available and needed for full discussion and negotiation, but not management guidance, advice, counsel, or training about bargaining; (5) to bargain jointly about employment conditions covering employees of more than one authorized agency when the agency heads determine this; and (6) if agreement is reached, on any party’s request to sign a written document stating the terms and take steps to implement it. (f)(1) The Secretary must approve the agreement. (2) The Secretary must approve it within 30 days unless the Secretary makes a written finding that it conflicts with applicable law, rule, or regulation. (3) Unless disapproved that way, it takes effect 30 days after signing and binds the Department and representative, subject to applicable laws, orders, and regulations. (g) The Department must consult the representative about Government-wide or multiagency matters affecting rights, benefits, or duties of employees of agencies not authorized to use the Foreign Service personnel system. It must tell the representative about proposed changes, allow reasonable time for views and recommendations, consider them before final action, and give written reasons for the final action.