Home » United States » 6 U.S. Code § 412: Labor-management relations

6 U.S. Code § 412: Labor-management relations

6 U.S. Code § 412

6 U.S. Code § 412 is about Labor-management relations. It is under Part E (Human Resources Management) of Subchapter VIII (Coordination With Non-federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions) of Chapter 1 (Homeland Security Organization) of Title 6 (Domestic Security) of the Code.

(a) Limitation on exclusionary authority
(1) In general
No agency or subdivision of an agency which is transferred to the Department pursuant to this chapter shall be excluded from the coverage of chapter 71 of title 5 as a result of any order issued under section 7103(b)(1) of such title 5 after June 18, 2002, unless—
(A)the mission and responsibilities of the agency (or subdivision) materially change; and
(B)a majority of the employees within such agency (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.


(2) Exclusions allowable
Nothing in paragraph (1) shall affect the effectiveness of any order to the extent that such order excludes any portion of an agency or subdivision of an agency as to which—
(A)recognition as an appropriate unit has never been conferred for purposes of chapter 71 of such title 5; or
(B)any such recognition has been revoked or otherwise terminated as a result of a determination under subsection (b)(1).



(b) Provisions relating to bargaining units


(1) Limitation relating to appropriate units
Each unit which is recognized as an appropriate unit for purposes of chapter 71 of title 5 as of the day before the effective date of this chapter (and any subdivision of any such unit) shall, if such unit (or subdivision) is transferred to the Department pursuant to this chapter, continue to be so recognized for such purposes, unless—
(A)the mission and responsibilities of such unit (or subdivision) materially change; and
(B)a majority of the employees within such unit (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.


(2) Limitation relating to positions or employees
No position or employee within a unit (or subdivision of a unit) as to which continued recognition is given in accordance with paragraph (1) shall be excluded from such unit (or subdivision), for purposes of chapter 71 of such title 5, unless the primary job duty of such position or employee—
(A)materially changes; and
(B)consists of intelligence, counterintelligence, or investigative work directly related to terrorism investigation.
In the case of any positions within a unit (or subdivision) which are first established on or after the effective date of this chapter and any employees first appointed on or after such date, the preceding sentence shall be applied disregarding subparagraph (A).



(c) Waiver
If the President determines that the application of subsections (a), (b), and (d) would have a substantial adverse impact on the ability of the Department to protect homeland security, the President may waive the application of such subsections 10 days after the President has submitted to Congress a written explanation of the reasons for such determination.

See also  5 U.S. Code § 5520a: Garnishment of pay

(d) Coordination rule
No other provision of this chapter or of any amendment made by this chapter may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this section, except to the extent that it does so by specific reference to this section.


(e) Rule of construction
Nothing in section 9701(e) of title 5 shall be considered to apply with respect to any agency or subdivision of any agency, which is excluded from the coverage of chapter 71 of title 5 by virtue of an order issued in accordance with section 7103(b) of such title 5 and the preceding provisions of this section (as applicable), or to any employees of any such agency or subdivision or to any individual or entity representing any such employees or any representatives thereof.

More Posts

Texas Administrative Code Title 1 Section 3.2527

1 Texas Administrative Code § 3.2527 – Grantee Reports (a) Each grantee must submit reports regarding grant information, performance, and progress. To remain eligible for funding, the grantee must

Texas Administrative Code Title 1 Section 3.2525

1 Texas Administrative Code § 3.2525 – Evaluating Project Effectiveness (a) Grantees must regularly evaluate their projects. PSO shall monitor grantees through progress reports, on-site visits, and desk reviews.

Facebook
Twitter
LinkedIn

Leave a Reply

Your email address will not be published. Required fields are marked *

LawGlobal Hub is your innovative global resource of law and more. We ensure easy accessibility to the laws of countries around the world, among others