Page:United States Statutes at Large Volume 94 Part 2.djvu/852

 94 STAT. 2130

22 USC 4103.

22 USC 4104.

PUBLIC LAW 96-465—OCT. 17, 1980

(11) "labor organization" means an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose dealing with the Department concerning grievances (as defined in section 1101) and conditions of employment, but does not include— (A) an organization which, by its constitution, bylaws, tacit agreement among its members, or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition; (B) an organization which advocates the overthrow of the constitutional form of government of the United States; (C) an organization sponsored by the Department; or (D) an organization which participates in the conduct of a strike against the Government or any agency thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike; (12) "management official" means an individual who— (A) is a chief of mission or principal officer; (B) is serving in a position to which appointed by the President, by and with the advice and consent of the Senate, or by the President alone; (C) occupies a position which in the sole judgment of the Secretary is of comparable importance to the offices mentioned in subparagraph (A) or (B); (D) is serving as a deputy to any individual described by subparagraph (A), (B), or (C); (E) is assigned to carry out functions of the Inspector General of the Department of State and the Foreign Service under section 209; or (F) is engaged in the administration of this chapter or in the formulation of the personnel policies and programs of the Department; (13) "Panel" means the Foreign Service Impasse Disputes Panel, established by section 1010(a); and (14) "person" means an individual, a labor organization, or an agency to which this chapter applies. SEC. 1003. APPLICATION.—(a) This chapter applies only with respect to the Department of State, the International Communication Agency, the United States International Development Cooperation Agency, the Department of Agriculture, and the Department of Commerce. (b) The President may by Executive order exclude any subdivision of the Department from coverage under this chapter if the President determines that— (1) the subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and (2) the provisions of this chapter cannot be applied to that subdivision in a manner consistent with national security requirements and considerations. (c) The President may by Executive order suspend any provision of this chapter with respect to any post, bureau, office, or activity of the Department, if the President determines in writing that the suspension is necessary in the interest of national security because of an emergency. SEC. 1004. EMPLOYEE RIGHTS.—(a) Every employee has the right to form, join, or assist any labor organization, or to refrain from any

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