Page:United States Statutes at Large Volume 94 Part 2.djvu/856

 94 STAT. 2134

PUBLIC LAW 96-465—OCT. 17, 1980

member of the Federal Service Impasses Panel shall not be entitled to pay under this subsection for any day for which he or she receives pay Travel expenses, under section 7119(b)(4) of title 5, United States Code. Members of the Panel shall be entitled to travel expenses as provided under section 5703 of title 5, United States Code. (c)(1) The Panel or its designee shall promptly investigate any investigation and settlement. impasse presented to it by a party. The Panel shall consider the impasse and shall either— (A) recommend to the parties to the negotiation procedures for the resolution of the impasse; or (B) assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish the purpose of this section. (2) If the parties do not arrive at a settlement after assistance by the Panel under paragraph (1), the Panel may— (A) hold hearings; (B) administer oaths, take the testimony or deposition of any individual under oath, and issue subpenas as provided in section 7132 of title 5, United States Code; and (C) take whatever action is necessary and not inconsistent with this chapter to resolve the impasse. (3) Notice of any final action of the Panel under this section shall be promptly served upon the parties, and the action shall be binding on such parties during the term of the collective bargaining agreement unless the parties agree otherwise. Labor SEC. 1011. EXCLUSIVE RECOGNITION.—(a) The Department shall organization. accord exclusive recognition to a labor organization if the organiza22 USC 4111. tion has been selected as the representative, in a secret ballot election, by a majority of the employees in a unit who cast valid ballots in the election. (b) If a petition is filed with the Board— (1) by any person alleging— (A) in the case of a unit for which there is no exclusive representative, that 30 percent of the employees in the unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or (B) in the case of a unit for which there is an exclusive representative, that 30 percent of the employees in the unit alleged that the exclusive representative is no longer the representative of the majority of the employees in the unit; or (2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation; the Board shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Board finds on the record of the hearing that a question of representation exists, the Board shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any unit within which a valid election under this subsection has been held during the preceding 12 calendar months or with respect to which a labor organization has been certified as the exclusive representative during the preceding 24 calendar months. (c) A labor organization which—

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