6 USC 412 - Labor-management relations

U.S Code last checked for updates: Nov 22, 2024

§ 412.

Labor-management relations

(a)

Limitation on exclusionary authority

(1)

In general

No agency or subdivision of an agency which is transferred to the Department pursuant to this chapter shall be excluded from the coverage of chapter 71 of title 5 as a result of any order issued under section 7103(b)(1) of such title 5 after June 18, 2002, unless—

(A)

the mission and responsibilities of the agency (or subdivision) materially change; and

(B)

a majority of the employees within such agency (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.

(2)

Exclusions allowable

Nothing in paragraph (1) shall affect the effectiveness of any order to the extent that such order excludes any portion of an agency or subdivision of an agency as to which—

(A)

recognition as an appropriate unit has never been conferred for purposes of chapter 71 of such title 5; or

(B)

any such recognition has been revoked or otherwise terminated as a result of a determination under subsection (b)(1).

(b)

Provisions relating to bargaining units

(1)

Limitation relating to appropriate units

Each unit which is recognized as an appropriate unit for purposes of chapter 71 of title 5 as of the day before the effective date of this chapter (and any subdivision of any such unit) shall, if such unit (or subdivision) is transferred to the Department pursuant to this chapter, continue to be so recognized for such purposes, unless—

(A)

the mission and responsibilities of such unit (or subdivision) materially change; and

(B)

a majority of the employees within such unit (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.

(2)

Limitation relating to positions or employees

No position or employee within a unit (or subdivision of a unit) as to which continued recognition is given in accordance with paragraph (1) shall be excluded from such unit (or subdivision), for purposes of chapter 71 of such title 5, unless the primary job duty of such position or employee—

(A)

materially changes; and

(B)

consists of intelligence, counterintelligence, or investigative work directly related to terrorism investigation.

In the case of any positions within a unit (or subdivision) which are first established on or after the effective date of this chapter and any employees first appointed on or after such date, the preceding sentence shall be applied disregarding subparagraph (A).

(c)

Waiver

(d)

Coordination rule

(e)

Rule of construction

(Pub. L. 107–296, title VIII, § 842, Nov. 25, 2002, 116 Stat. 2234.)

cite as: 6 USC 412