3 U.S.C. § 431 — Application of chapter 71 of title 5, relating to Federal service labor-management relations; procedures for remedy of violations
submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 543 words · no verdicts yet
Federal labor-management relations law now applies to Congress's own employing offices and their employees. Covered employees cannot use two specific reinstatement rules that apply to other federal workers. Some White House and executive offices can be partly excluded if there's a real conflict of interest.
This section extends federal labor-management law to Congress's own workplaces.
(a) Labor-Management Rights. Subject to subsection (d), chapter 71 of title 5 (the federal labor-management relations law) applies to congressional employing offices, their covered employees, and those employees' representatives. The one difference: covered employees do not have the right to reinstatement under section 7118(a)(7)(C) or section 7123 of title 5.
(b) Definition. When chapter 71 of title 5 is applied here, the word "agency" in that chapter means an employing office*.
(c) Regulations To Implement Section. (1) The Federal Labor Relations Authority must issue regulations to put this section into effect. (2) Except as provided in subsection (d), these regulations must match the Authority's existing regulations for chapter 71 of title 5, unless: (A) the Authority finds good cause, explained along with the regulation, that a different rule would better protect the rights covered here; or (B) the Authority finds a different rule is needed to avoid a real or apparent conflict of interest.
(d) Specific Regulations Regarding Applications to Certain Employing Offices. (1) The Authority must issue regulations on how much of chapter 71 of title 5's rules and exemptions apply to covered employees who work in the offices listed in paragraph (2). These regulations must, as much as practical, match chapter 71 of title 5 and this chapter, and must match the Authority's existing substantive regulations, except: (A) where the Authority finds good cause, stated with the regulation, for a more effective rule; and (B) the Authority must exclude covered employees in the listed offices from coverage if needed because of (i) a real or apparent conflict of interest, or (ii) the President's or Vice President's constitutional duties. (2) The listed offices are: (A) the White House Office; (B) the Executive Residence at the White House; (C) the Office of the Vice President; (D) the Office of Policy Development; (E) the Council of Economic Advisers; (F) the National Security Council; (G) the Office of Management and Budget; and (H) the Office of National Drug Control Policy.
(e) Effective Date. (1) Except as provided in paragraph (2), subsections (a) and (b) take effect on whichever comes first: the effective date of the regulations issued under subsection (c), or October 1, 1998. (2) For the employing offices and employees listed in subsection (d)(2), subsections (a) and (b) take effect on whichever comes first: the effective date of the regulations issued under subsection (d), or October 1, 1998.
Subject to subsection (d), chapter 71 of title 5 shall apply to employing offices and to covered employees and representatives of those employees, except that covered employees shall not have a right to reinstatement pursuant to section 7118(a)(7)(C) or 7123 of title 5.
For purposes of the application under this section of chapter 71 of title 5, the term “agency” as used in such chapter means an employing office*.
The Federal Labor Relations Authority shall issue regulations to implement this section.
Except as provided in subsection (d), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Authority to implement the statutory provisions referred to in subsection (a), except—
to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; or
as the Authority may determine that a modification of such regulations is necessary to avoid a conflict of interest or appearance of a conflict of interest.
The Authority shall issue regulations on the manner and the extent to which the requirements and exemptions of chapter 71 of title 5 should apply to covered employees who are employed in the offices listed in paragraph (2). The regulations shall, to the greatest extent practicable, be consistent with the provisions and purposes of chapter 71 of title 5 and of this chapter, and shall be the same as the substantive regulations issued by the Authority under such chapter, except—
to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
that the Authority shall exclude from coverage under this section any covered employees who are employed in offices listed in paragraph (2) if the Authority determines that such exclusion is required because of—
a conflict of interest or appearance of a conflict of interest; or
the President’s or Vice President’s constitutional responsibilities.
The offices referred to in paragraph (1) include—
the White House Office;
the Executive Residence at the White House;
the Office of the Vice President;
the Office of Policy Development;
the Council of Economic Advisers;
the National Security Council;
the Office of Management and Budget; and
the Office of National Drug Control Policy.
Except as provided in paragraph (2), subsections (a) and (b) shall take effect on the earlier of—
the effective date of regulations issued under subsection (c); or
October 1, 1998.
Subsections (a) and (b) shall take effect, with respect to employing offices, and employees of employing offices, referred to in subsection (d)(2), on the earlier of—
the effective date of regulations issued under subsection (d); or
October 1, 1998.
Source credit: (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4064.)
- 1996Enacted · Pub. L. 104-331 · 110 Stat. 4064
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.
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