Page:United States Statutes at Large Volume 94 Part 2.djvu/853

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2131

such activity, freely and without fear of penalty or reprisal. Each employee shall be protected in the exercise of such right. (b) Except as otherwise provided under this chapter, such right includes the right— (1) to act for a labor organization in the capacity of a representative and, in that capacity, to present the views of the labor organization to the Secretary and other officials of the Government, including the Congress, or other appropriate authorities; and (2) to engage in collective bargaining with respect to conditions of emplo5niient through representatives chosen by employees under this chapter. SEC. 1005. MANAGEMENT RIGHTS.—(a) Subject to subsection (b), 22 USC 4105. nothing in this chapter shall affect the authority of any management official of the Department, in accordance with applicable law— (1) to determine the mission, budget, organization, and internal security practices of the Department, and the number of individuals in the Service or in the Department; (2) to hire, assign, direct, lay off, and retain individuals in the Service or in the Department, to suspend, remove, or take other disciplinary action against such individuals, and to determine the number of members of the Service to be promoted and to remove the name of or delay the promotion of any member in accordance with regulations prescribed under section 605(b); (3) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which the operations of the Department shall be conducted; (4) to fill positions from any appropriate source; (5) to determine the need for uniform personnel policies and procedures between or among the agencies to which this chapter applies; and (6) to take whatever actions may be necessary to carry out the mission of the Department during emergencies. 0^) Nothing in this section shall preclude the Department and the exclusive representative from negotiating— (1) at the election of the Department, on the numbers, types, and classes of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work; (2) procedures which management officials of the Department will observe in exercising any function under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any function under this section by such management officials. SEC. 1006. FOREIGN SERVICE LABOR RELATIONS BOARD.—(a) There is 22 USC 4106. established within the Federal Labor Relations Authority the Foreign Service Labor Relations Board. The Board shall be composed of 3 members, 1 of whom shall be the Chairman of the Authority, who shall be the Chairperson of the Board. The remaining 2 members shall be appointed by the Chairperson of the Board from nominees approved in writing by the agencies to which this chapter applies, and the exclusive representative (if any) of employees in each such agency. In the event of inability to obtain agreement on a nominee, the Chairperson shall appoint the remaining 2 members from among individuals the Chairperson considers knowledgeable in labor-management relations and the conduct of foreign affairs. (b) The Chairperson shall serve on the Board while serving as Chairman of the Authority. Of the 2 original members of the Board

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