Page:United States Statutes at Large Volume 108 Part 2.djvu/698

 108 STAT. 1414 PUBLIC LAW 103-279—JULY 21, 1994 "(1) IN GENERAL.—Employees of the National Park Service assigned to duties related to the functions being undertaken by the Board shall be transferred with their functions to the Board not later than October 1, 1995. "(2) RIGHTS AND BENEFITS.—Transferred employees shall remain in the Federal competitive service and retain all rights and benefits provided under title 5, United States Code. For a period of not less than 3 years after the date of transfer of an employee under paragraph (1), the transferred employee shall retain the right of priority consideration under merit promotion procedures or lateral reassignment for all vacancies within the Department of the Interior. "(3) PARK POLICE. — All United States Park Police and Park Police guard force employees assigned to the John F, Kennedy Center for the Performing Arts shall remain employees of the National Park Service. "(4) COSTS.— Al l usual and customary costs associated with any adverse action or grievance proceeding resulting from the transfer of functions under this section that are incurred before October 1, 1995, shall be paid from funds appropriated to the John F. Kennedy Center for the Performing Arts. "(5) REORGANIZATION AUTHORITY. —Nothing contained in this section shall prohibit the Board from reorganizing functions at the John F. Kennedy Center for the Performing Arts in accordance with laws governing reorganizations. "(e) REVIEW OF BOARD ACTIONS. — The actions of the Board relating to performing arts and to payments made or directed to be made by the Board from any trust funds shall not be subject to review by any officer or agency other than a court of law. "(f) COLLECTIVE BARGAINING.— "(1) DEFINITION.— As used in this subsection, the term 'theatrical employee' means a nonappropriated fund employee of the Board, who is engaged in a box office, performing, or theatrical trade that is the subject of a collective bargaining agreement as of January 1, 1994, including any change in the trade as a result of a technological advance. "(2) COLLECTIVE BARGAINING. — "(A) IN GENERAL.—For the purposes of the National Labor Relations Act (29 U.S.C. 151 et seq.) and the Labor- Management Relations Act, 1947 (29 U.S.C. 141 et seq.)— "(i) each theatrical employee shall be considered to be an 'employee' within the meaning of section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)); and "(ii) with respect to a theatrical employee, the Board shall be considered to be an 'employer^ within the meaning of section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)). "(B) RIGHTS AND OBLIGATIONS.— With respect to each theatrical employee, the theatrical employee and the Board shall have all of the rights and obligations specified in such Acts.". SEC. 5. REVIEWS, AUDITS, AND CLAIMS. Section 6 of the John F. Kennedy Center Act (20 U.S.C. 761) is amended—

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