Page:United States Statutes at Large Volume 92 Part 1.djvu/1255

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1201

"(3) an employee engaged in personnel work in other than a purely clerical capacity; " (4) an employee engaged in administering the provisions of this chapter; " (5) both professional employees and other employees, unless a majority of the professional employees vote for inclusion in the unit; " (6) any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; or " (7) any employee primarily engaged in investigation or audit functions relating to the work of individuals employed by an agency whose duties directly affect the internal security of the agency, but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity. "(c) Any employee who is engaged in administering any provision of law relating to labor-management relations may not be represented by a labor organization— " (1) which represents other individuals to whom such provision applies; or "(2) which is affiliated directly or indirectly with an organization which represents other individuals to whom such provision applies. "(d) Two or more units which are in an agency and for which a labor organization is the exclusive representative may, upon petition by the agency or labor organization, be consolidated with or without an election into a single larger unit if the Authority considers the larger unit to be appropriate. The Authority shall certify the labor organization as the exclusive representative of the new larger unit. "§ 7113. National consultation rights 5 USC 7113. "(a)(t) If, in connection with any agency, no labor organization has been accorded exclusive recognition on an agency basis, a labor organization which is the exclusive representative of a substantial number of the employees of the agency, as determined in accordance with criteria prescribed by the Authority, shall be granted national consultation rights by the agency. National consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to any labor organization's eligibility for, or continuation of, national consultation rights shall be subject to determination by the Authority. "(b)(1) Any labor organization having national consultation rights in connection with any agency under subsection (a) of this section shall— "(A) be informed of any substantive change in conditions of employment proposed by the agency, and "(B) be permitted reasonable time to present its views and recommendations regarding the changes. "(2) If any views or recommendations are presented under paragraph (1) of this subsection to an agency by any labor organization— "(A) the agency shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and "(B) the agency shall provide the labor organization a written statement of the reasons for taking the final action. "(c) Nothing in this section shall be construed to limit the right of any agency or exclusive representative to engage in collective bargaining.

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