§ 4102. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Pub. L. 96–465 title I § 1002 · 94 Stat. 2071

   Enacted · 22 U.S.C. § 4102

   Pub. L. 96–465, title I, § 1002, Oct. 17, 1980, 94 Stat. 2129

   Source evidence

   Code source credit
   Pub. L. 96–465, title I, § 1002, Oct. 17, 1980, 94 Stat. 2129

   Enacted provision · exact public law section
   Sec. 1002. Definitions.— As used in this chapter, the term— 22 USC 4102. (1) “Authority” means the Federal Labor Relations Authority, described in section 7104(a) of title 5, United States Code; (2) “Board” means the Foreign Service Labor Relations Board, established by section 1006(a): (3) “collective bargaining” means the performance of the mutual obligation of the management representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting employees, and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession; (4) “collective bargaining agreement” means an agreement entered into as a result of collective bargaining under the provisions of this chapter; (5) “conditions of employment” means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters— (A) relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5, United States Code; 5 USC 7321. (B) relating to the designation or classification of any position under section 501; (C) to the extent such matters are specifically provided for by Federal statute; or (D) relating to Government-wide or multiagency responsibility of the Secretary affecting the rights, benefits, or obligations of individuals employed in agencies other than those which are authorized to utilize the Foreign Service personnel system; (6) “confidential employee” means an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations; (7) “dues” means dues, fees, and assessments; (8) “employee” means— (A) a member of the Service who is a citizen of the United States, wherever serving, other than a management official, a confidential employee, a consular agent, or any individual who participates in a strike in violation of section 7311 of title 5, United States Code; or (B) a former member of the Service as described in subparagraph (A) whose employment has ceased because of an unfair labor practice under section 1015 and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Board; (9) “exclusive representative” means any labor organization which is certified as the exclusive representative of employees under section 1011; (10) “General Counsel” means the General Counsel of the Authority; (11) “labor organization” means an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose dealing with the Department concerning grievances (as defined in section 1101) and conditions of employment, but does not include— (A) an organization which, by its constitution, bylaws, tacit agreement among its members, or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition; (B) an organization which advocates the overthrow of the constitutional form of government of the United States; (C) an organization sponsored by the Department; or (D) an organization which participates in the conduct of a strike against the Government or any agency thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike; (12) “management official” means an individual who— (A) is a chief of mission or principal officer; (B) is serving in a position to which appointed by the President, by and with the advice and consent of the Senate, or by the President alone; (C) occupies a position which in the sole judgment of the Secretary is of comparable importance to the offices mentioned in subparagraph (A) or (B); (D) is serving as a deputy to any individual described by subparagraph (A), (B), or (C); (E) is assigned to carry out functions of the Inspector General of the Department of State and the Foreign Service under section 209; or (F) is engaged in the administration of this chapter or in the formulation of the personnel policies and programs of the Department; (13) “Panel” means the Foreign Service Impasse Disputes Panel, established by section 1010(a); and (14) “person” means an individual, a labor organization, or an agency to which this chapter applies.

2. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 180(a)(9) · 108 Stat. 382

   Inserted · 22 U.S.C. § 4102(8)(A)

   Pub. L. 103–236 inserted “a member of the Service who is a United States citizen (other than a family member) employed under section 3951 of this title,”

   Source evidence

   Code amendment note
   Par. (8)(A). Pub. L. 103–236 inserted “a member of the Service who is a United States citizen (other than a family member) employed under section 3951 of this title,”.

   Enacted provision · exact public law section
   (9) Section 1002(8)(A) of such Act is amended by inserting “a member of the Service who is a United States citizen (other than a family member) employed under section 311,” after “a consular agent,”.

3. 2022

   Department of State Authorization Act of 2022

   Pub. L. 117–263 div. I title XCII § 9219(3) · 136 Stat. 2395

   Substituted · 22 U.S.C. § 4102(11)(A)

   Pub. L. 117–263 substituted “disability” for “handicapping condition”

   Source evidence

   Code amendment note
   Par. (11)(A). Pub. L. 117–263 substituted “disability” for “handicapping condition”.

   Enacted provision · exact public law section
   (3) in section 1002(11)(A) (22 U.S.C. 4102(11)(A)), by striking “handicapping condition” and inserting “disability”; and

3 of 3 references resolved to an enrolled provision