22 U.S.C. § 4118 — Administrative provisions
submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 514 words · no verdicts yet
The Department must honor written salary assignments for regular union dues and must end them in listed circumstances. The section also governs bargaining with uncertified organizations and official time for union-related work.
(a) If an individual gives the Department a written assignment authorizing salary deductions for the exclusive representative’s regular periodic dues, the Department must honor it at no cost to the individual or representative. Unless (b) applies, it cannot be revoked for one year after signing. (b) The assignment ends when (1) the organization loses exclusive-representative status; (2) the person no longer receives a Department Service salary; or (3) the person is suspended or expelled from the organization. (c) While no organization is certified as exclusive representative, the Department must negotiate with an organization whose valid Board-approved petition alleges that 10 percent of Department employees belong to it. Negotiations may concern only deducting that organization’s dues from salaries of members who voluntarily allot money for that purpose. The agreement ends when an exclusive representative is certified for covered employees. (d)(1) An employee representing the exclusive representative in bargaining, including impasse proceedings, must receive official time during hours otherwise in duty status. The number cannot exceed the number of Department representatives designated for that work. (2) Internal union activities, including soliciting members, electing officials, and collecting dues, must occur while the employee is off duty. (3) Except for paragraph (1), the Board decides whether an employee participating for or on behalf of a labor organization in Board proceedings receives official time. (4) Except for paragraphs (1)–(3), an employee representing the exclusive representative or handling another matter under this subchapter receives the amount of official time the Department and representative agree is reasonable, necessary, and in the public interest.
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), any such assignment may not be revoked for a period of one year from its execution.
An assignment for deduction of dues shall terminate when—
the labor organization ceases to be the exclusive representative;
the individual ceases to receive a salary from the Department as a member of the Service; or
the individual is suspended or expelled from membership in the exclusive representative.
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.
The following provisions shall apply to the use of official time:
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.
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.
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.
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.
Source credit: (Pub. L. 96–465, title I, § 1018, Oct. 17, 1980, 94 Stat. 2141.)
- 1980Enacted · Pub. L. 96-465 · 94 Stat. 2141
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.
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