10-U.S.C.-461
§461 – Management Rights
Pathway
Title 10 > Subtitle A > Part I > Chapter 22 > Subchapter III > Section 461
Details
- Reference: Section 461
- Legend: §461 – Management Rights
- USCode Year: 2013
Provision Content
(a) Scope.—If there is no obligation under the provisions of chapter 71 of title 5 for the head of an agency of the United States to consult or negotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regulation, the Director of the National Geospatial-Intelligence Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National Geospatial-Intelligence Agency.
(b) Bargaining Units.—The Director of the National Geospatial-Intelligence Agency shall accord exclusive recognition to a labor organization under section 7111 of title 5 only for a bargaining unit that was recognized as appropriate for the Defense Mapping Agency on September 30, 1996.
(c) Termination of Bargaining Unit Coverage of Position Modified To Affect National Security Directly.—(1) If the Director of the National Geospatial-Intelligence Agency determines that the responsibilities of a position within a collective bargaining unit should be modified to include intelligence, counterintelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties directly affects the national security of the United States, then, upon such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bargaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for that collective bargaining unit.
(2) A determination described in paragraph (1) that is made by the Director of the National Geospatial-Intelligence Agency may not be reviewed by the Federal Labor Relations Authority or any court of the United States.
(Added Pub. L. 104–201, div. A, title XI, §1112(a)(2), Sept. 23, 1996, 110 Stat. 2681; amended Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), (C), Nov. 24, 2003, 117 Stat. 1568.)
Amendments
2003—Subsec. (a). Pub. L. 108–136, §921(d)(2)(A), substituted National Geospatial-Intelligence Agency for National Imagery and Mapping Agency in two places.
Subsec. (b). Pub. L. 108–136, §921(d)(2)(C), substituted The Director of the National Geospatial-Intelligence Agency for The National Imagery and Mapping Agency and on September 30, 1996 for on the day before the date on which employees and positions of the Defense Mapping Agency in that bargaining unit became employees and positions of the National Imagery and Mapping Agency under the National Imagery and Mapping Agency Act of 1996 (title XI of the National Defense Authorization Act for Fiscal Year 1997).
Subsec. (c). Pub. L. 108–136, §921(d)(2)(A), substituted National Geospatial-Intelligence Agency for National Imagery and Mapping Agency in two places.
Effective Date
Section effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 193 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-431 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-431, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-454 in the Legal Encyclopedia: Military Organization
In this entry about 10-U.S.C.-454, find legal reference material, bibliographies and premiere content related to military organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States military organization-specific issues, written by authorities in the field.
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