Page:United States Statutes at Large Volume 101 Part 3.djvu/65

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1363

serving in an appointment whose tenure is at the pleasure of the President.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 22 USC 3941 shall apply with respect to tax years beginning after December 31, note 1987. SEC. 180. PROHIBITION ON MEMBER OF A FOREIGN SERVICE UNION NEGOTIATING ON BEHALF OF THE DEPARTMENT OF STATE.

Labor disputes.

It is the sense of Congress that the Secretary of State should take steps to assure that in labor-management negotiations between the Department of State and the exclusive representative of the Foreign Service employees of the Department, those who direct and conduct negotiations on behalf of management are not also beneficiaries of the agreements made with the exclusive representative. SEC. 181. CLARIFICATION OF JURISDICTION OF FOREIGN SERVICE GRIEVANCE BOARD. (a) BOARD DECISIONS.—Section 1107(d) of the Foreign Service Act

of 1980 (22 U.S.C. 4137(d)) is amended— (1) by inserting "(D" after "(d)"; and (2) by adding at the end the following: "(2) A recommendation under paragraph (1) shall, for purposes of section 1110 of this Act, be considered a final action upon the expiration of the 30-day period referred to in such paragraph, except to the extent that it is rejected by the Secretary by an appropriate written decision. "(3)(A) If the Secretary makes a written decision under paragraph (1) rejecting a recommendation in whole or in part on the basis of a determination that implementing such recommendation would be contrary to law, the Secretary shall, within the 30-day period referred to in such paragraph— "(i) submit a copy of such decision to the Board; and "(ii) request that the Board reconsider its recommendation or, if less than the entirety is rejected, that the Board reconsider the portion rejected. "(B)(i) Within 30 days after receiving a request under subparagraph (A), the Board shall, after reviewing the Secretary's decision, make a recommendation to the Secretary either confirming, modifying, or vacating its original recommendation or, if less than the entirety was rejected, the portion involved. "(ii) Reconsideration under this subparagraph shall be limited to the question of whether implementing the Board's original recommendation, either in whole or in part, as applicable, would be contrary to law. "(C) A recommendation made under subparagraph (B) shall be considered a final action for purposes of section 1110 of this Act, and shall be implemented by the Secretary.". (h) BOARD RECOMMENDATIONS.—'The

first

sentence of section

1107(d)(l) of such Act (as amended by subsection (a) of this section) is amended by inserting ", tenure" immediately after "relates directly to promotion". (c) CAREER APPOINTMENTS.—Section 306 of such Act (22 U.S.C. 3946) is amended by adding at the end thereof the following new subsection: "(c) Nothing in this section shall be construed to limit the authority of the Secretary or the Foreign Service Grievance Board under section 1107 of this Act.".

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