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U.S. Code as of:
01/03/05
Section 7103. Definitions; application
(a) For the purpose of this chapter -
(1) "person" means an individual, labor organization, or
agency;
(2) "employee" means an individual -
(A) employed in an agency; or
(B) whose employment in an agency has ceased because of any
unfair labor practice under section 7116 of this title and who
has not obtained any other regular and substantially equivalent
employment, as determined under regulations prescribed by the
Federal Labor Relations Authority;
but does not include -
(i) an alien or noncitizen of the United States who occupies
a position outside the United States;
(ii) a member of the uniformed services;
(iii) a supervisor or a management official;
(iv) an officer or employee in the Foreign Service of the
United States employed in the Department of State, the
International Communication Agency, the Agency for
International Development, the Department of Agriculture, or
the Department of Commerce; or
(v) any person who participates in a strike in violation of
section 7311 of this title;
(3) "agency" means an Executive agency (including a
nonappropriated fund instrumentality described in section 2105(c)
of this title and the Veterans' Canteen Service, Department of
Veterans Affairs), the Library of Congress, the Government
Printing Office, and the Smithsonian Institution (!1) but does
not include -
(A) the Government Accountability Office;
(B) the Federal Bureau of Investigation;
(C) the Central Intelligence Agency;
(D) the National Security Agency;
(E) the Tennessee Valley Authority;
(F) the Federal Labor Relations Authority;
(G) the Federal Service Impasses Panel; or
(H) the United States Secret Service and the United States
Secret Service Uniformed Division.
(4) "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 the dealing with an agency
concerning grievances 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 an agency; 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;
(5) "dues" means dues, fees, and assessments;
(6) "Authority" means the Federal Labor Relations Authority
described in section 7104(a) of this title;
(7) "Panel" means the Federal Service Impasses Panel described
in section 7119(c) of this title;
(8) "collective bargaining agreement" means an agreement
entered into as a result of collective bargaining pursuant to the
provisions of this chapter;
(9) "grievance" means any complaint -
(A) by any employee concerning any matter relating to the
employment of the employee;
(B) by any labor organization concerning any matter relating
to the employment of any employee; or
(C) by any employee labor organization, or agency concerning
-
(i) the effect or interpretation, or a claim of breach, of
a collective bargaining agreement; or
(ii) any claimed violation, misinterpretation, or
misapplication of any law, rule, or regulation affecting
conditions of employment;
(10) "supervisor" means an individual employed by an agency
having authority in the interest of the agency to hire, direct,
assign, promote, reward, transfer, furlough, layoff, recall,
suspend, discipline, or remove employees, to adjust their
grievances, or to effectively recommend such action, if the
exercise of the authority is not merely routine or clerical in
nature but requires the consistent exercise of independent
judgment, except that, with respect to any unit which includes
firefighters or nurses, the term "supervisor" includes only those
individuals who devote a preponderance of their employment time
to exercising such authority;
(11) "management official" means an individual employed by an
agency in a position the duties and responsibilities of which
require or authorize the individual to formulate, determine, or
influence the policies of the agency;
(12) "collective bargaining" means the performance of the
mutual obligation of the representative of an agency and the
exclusive representative of employees in an appropriate unit in
the agency to meet at reasonable times and to consult and bargain
in a good-faith effort to reach agreement with respect to the
conditions of employment affecting such employees and to execute,
if requested by either party, a written document incorporating
any collective bargaining agreement reached, but the obligation
referred to in this paragraph does not compel either party to
agree to a proposal or to make a concession;
(13) "confidential employee" means an employee who acts in a
confidential capacity with respect to an individual who
formulates or effectuates management policies in the field of
labor-management relations;
(14) "conditions of employment" means personnel policies,
practices, and matters, whether established by rule, regulation,
or otherwise, affecting working conditions, except that such term
does not include policies, practices, and matters -
(A) relating to political activities prohibited under
subchapter III of chapter 73 of this title;
(B) relating to the classification of any position; or
(C) to the extent such matters are specifically provided for
by Federal statute;
(15) "professional employee" means -
(A) an employee engaged in the performance of work -
(i) requiring knowledge of an advanced type in a field of
science or learning customarily acquired by a prolonged
course of specialized intellectual instruction and study in
an institution of higher learning or a hospital (as
distinguished from knowledge acquired by a general academic
education, or from an apprenticeship, or from training in the
performance of routine mental, manual, mechanical, or
physical activities);
(ii) requiring the consistent exercise of discretion and
judgment in its performance;
(iii) which is predominantly intellectual and varied in
character (as distinguished from routine mental, manual,
mechanical, or physical work); and
(iv) which is of such character that the output produced or
the result accomplished by such work cannot be standardized
in relation to a given period of time; or
(B) an employee who has completed the courses of specialized
intellectual instruction and study described in subparagraph
(A)(i) of this paragraph and is performing related work under
appropriate direction or guidance to qualify the employee as a
professional employee described in subparagraph (A) of this
paragraph;
(16) "exclusive representative" means any labor organization
which -
(A) is certified as the exclusive representative of employees
in an appropriate unit pursuant to section 7111 of this title;
or
(B) was recognized by an agency immediately before the
effective date of this chapter as the exclusive representative
of employees in an appropriate unit -
(i) on the basis of an election, or
(ii) on any basis other than an election,
and continues to be so recognized in accordance with the
provisions of this chapter;
(17) "firefighter" means any employee engaged in the
performance of work directly connected with the control and
extinguishment of fires or the maintenance and use of
firefighting apparatus and equipment; and
(18) "United States" means the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Trust Territory of the Pacific Islands, and any
territory or possession of the United States.
(b)(1) The President may issue an order excluding any agency or
subdivision thereof from coverage under this chapter if the
President determines that -
(A) the agency or subdivision has as a primary function
intelligence, counterintelligence, investigative, or national
security work, and
(B) the provisions of this chapter cannot be applied to that
agency or subdivision in a manner consistent with national
security requirements and considerations.
(2) The President may issue an order suspending any provision of
this chapter with respect to any agency, installation, or activity
located outside the 50 States and the District of Columbia, if the
President determines that the suspension is necessary in the
interest of national security.
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