Page:United States Statutes at Large Volume 92 Part 1.djvu/1249

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1195

and study in an institution of higher learning or a hospi.. tal (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, .., manual, mechanical, or ph;7sical activities); "(ii) requiring the consistent exercise of discretion and judgment in its performance; "(iii) which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and "(iv) which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or "(B) an employee who has completed the courses of specialized intellectual instruction and study described in subparagraph (A)(i) of this paragraph and is performing related work under appropriate direction or guidance to qualify the employee as a professional employee described in subparagraph (A) of this paragraph; "(16) 'exclusive representative' means any labor organization which— i " (A) is certified as the exclusive representative of employees in an appropriate unit pursuant to section 7111 of this title; or "(B) was recognized by an agency immediately before the effective date of this chapter as the exclusive representative of employees in an appropriate unit— "(i) on the basis of an election, or "(ii) on any basis other than an election, and continues to be so recognized in accordance with the provisions of this chapter; " (17) 'firefighter' means any employee engaged in the performance of work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; and "(18) 'United States' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and any territory or possession of the United States. "(b)(1) The President may issue an order excluding any agency Presidential or subdivision thereof from coverage under this chapter if the Presi- order. dent determines that— "(A) the agency or subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and "(B) the provisions of this chapter cannot be applied to that agency or subdivision in a manner consistent with national security requirements and considerations. "(2) The President may issue an order suspending any provision Presidential of this chapter with respect to any agency, installation, or activity order, located outside the 50 States and the District of Columbia, if the President determines that the suspension is necessary in the interest of national security.

39-194 O—80—pt. 1

79: QL3

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