Page:United States Statutes at Large Volume 92 Part 1.djvu/1248

 92 STAT. 1194

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5 USC 7321.

PUBLIC LAW 95-454—OCT. 13, 1978 "(9) 'grievance' means any complaint— "(A) by any employee concerning any matter relating to the employment of the employee; "(B) by any labor organization concerning any matter relating to the employment of any employee; or "(C) by any employee, labor organization, or agency concerning— "(i) the effect or interpretation, or a claim of breach, < I.. of a collective bargaining agreement; or"(ii) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment; "(10) 'supervisor' means an individual employed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, except that, with respect to any unit which includes firefighters or nurses, the term 'supervisor' includes only those individuals who devote a preponderance of their employment time to exercising such authority; "(11) 'management official' means an individual employed by an agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency; "(12) 'collective bargaining' means the performance of the mutual obligation of the representative of an agency and the exclusive representative of employees in an appropriate unit in the agency 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 such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession; "(13) '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 labormanagement relations; "(14) 'conditions of employment' means personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters— "(A) relating to political activities prohibited under subchapter III of chapter 73 of this title; "(B) relating to the classification of any position; or "(C) to the extent such matters are specifically provided for by Federal statute: "(15) 'professional employee'means— "(A) an employee engaged in the performance of work— "(i) requiring knowledge of an advanced type in ': a field of science or learning customarily acquired by a 0 prolonged course of specialized intellectual instruction

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