---
kind: "section"
citation: "22 U.S.C. § 4102"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4102"
heading: "Definitions"
release: "119-102"
url: "https://uscodex.org/usc/22/4102"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter X — Labor-Management Relations"
---

# §4102. Definitions


As used in this subchapter, the term—

- (1) “Authority” means the Federal Labor Relations Authority, described in [section 7104(a) of title 5](/usc/5/7104.md?p=a);
- (2) “[Board](/usc/22/2431a.md?p=4)” means the [Foreign](/usc/22/3146.md?p=1) Service Labor Relations [Board](/usc/22/2431a.md?p=4), established by [section 4106(a) of this title](/usc/22/4106.md?p=a);
- (3) “collective bargaining” means the performance of the mutual obligation of the management representative of the [Department](/usc/22/3902.md?p=4) and of the [exclusive representative](#9) of [employees](#8) to meet at reasonable times and to consult and bargain in a good-faith effort to reach [agreement](/usc/22/2431a.md?p=7) with respect to the [conditions of employment](#5) affecting [employees](#8), and to execute, if requested by either party, a written document incorporating any [collective bargaining agreement](#4) reached, but this obligation does not compel either party to agree to a proposal or to make a concession;
- (4) “collective bargaining agreement” means an [agreement](/usc/22/2431a.md?p=7) entered into as a result of [collective bargaining](#3) under the provisions of this subchapter;
- (5) “conditions of employment” means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters—
  - (A) relating to political activities prohibited [abroad](/usc/22/3902.md?p=1) or prohibited under subchapter III of [chapter 73](/usc/5/chptIII-sptF-ch73.md) of title 5;
  - (B) relating to the designation or classification of any position under [section 3981 of this title](/usc/22/3981.md);
  - (C) to the extent such matters are specifically provided for by Federal statute; or
  - (D) relating to [Government](/usc/22/3902.md?p=7)-wide or multiagency responsibility of the [Secretary](/usc/22/277d–43.md?p=5) affecting the rights, benefits, or obligations of individuals employed in [agencies](/usc/22/3902.md?p=2) other than those which are authorized to utilize the [Foreign](/usc/22/3146.md?p=1) Service personnel system;
- (6) “confidential employee” means an [employee](#8) who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations;
- (7) “dues” means dues, fees, and assessments;
- (8) “employee” means—
  - (A) a member of the Service who is a citizen of the [United States](/usc/22/1395.md?p=a-1), wherever serving, other than a [management official](#12), a [confidential employee](#6), a consular agent, a member of the Service who is a [United States](/usc/22/1395.md?p=a-1) citizen (other than a [family](/usc/22/4304a.md?p=c-2) member) employed under [section 3951 of this title](/usc/22/3951.md), or any individual who participates in a strike in violation of [section 7311 of title 5](/usc/5/7311.md); or
  - (B) a former member of the Service as described in [subparagraph (A)](#8-A) whose employment has ceased because of an unfair labor practice under [section 4115 of this title](/usc/22/4115.md) and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the [Board](/usc/22/2431a.md?p=4);
- (9) “exclusive representative” means any [labor organization](#11) which is certified as the exclusive representative of [employees](#8) under [section 4111 of this title](/usc/22/4111.md);
- (10) “General Counsel” means the General Counsel of the [Authority](#1);
- (11) “labor organization” means an organization composed in whole or in part of [employees](#8), in which [employees](#8) participate and pay [dues](#7), and which has as a purpose dealing with the [Department](/usc/22/3902.md?p=4) concerning grievances (as defined in [section 4131 of this title](/usc/22/4131.md)) and [conditions of employment](#5), but does not include—
  - (A) an organization which, by its constitution, bylaws, tacit [agreement](/usc/22/2431a.md?p=7) 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 disability;
  - (B) an organization which advocates the overthrow of the constitutional form of [government](/usc/22/3902.md?p=7) of the [United States](/usc/22/1395.md?p=a-1);
  - (C) an organization sponsored by the [Department](/usc/22/3902.md?p=4); or
  - (D) an organization which participates in the conduct of a strike against the [Government](/usc/22/3902.md?p=7) or any [agency](/usc/22/3902.md?p=2) thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike;
- (12) “management official” means an individual who—
  - (A) is a [chief of mission](/usc/22/3902.md?p=3) or [principal officer](/usc/22/3902.md?p=9);
  - (B) is serving in a position to which appointed by the President, by and with the advice and consent of the Senate, or by the President alone;
  - (C) occupies a position which in the sole judgment of the [Secretary](/usc/22/277d–43.md?p=5) is of comparable importance to the [offices](/usc/22/2214a.md?p=9) mentioned in subparagraph [(A)](#12-A) or [(B)](#12-B);
  - (D) is serving as a deputy to any individual described by subparagraph [(A)](#12-A), [(B)](#12-B), or [(C)](#12-C);
  - (E) is assigned to carry out [functions](/usc/22/3902.md?p=6) of the Inspector General of the Department of State and the [Foreign](/usc/22/3146.md?p=1) Service under [section 3929 of this title](/usc/22/3929.md); or
  - (F) is engaged in the administration of this subchapter or in the formulation of the personnel policies and [programs](/usc/22/3383.md?p=6) of the [Department](/usc/22/3902.md?p=4);
- (13) “Panel” means the [Foreign](/usc/22/3146.md?p=1) Service Impasse Disputes Panel, established by [section 4110(a) of this title](/usc/22/4110.md?p=a); and
- (14) “person” means an individual, a [labor organization](#11), or an [agency](/usc/22/3902.md?p=2) to which this subchapter applies.

## Source credit

(Pub. L. 96–465, title I, § 1002, Oct. 17, 1980, 94 Stat. 2129; Pub. L. 103–236, title I, § 180(a)(9), Apr. 30, 1994, 108 Stat. 416; Pub. L. 117–263, div. I, title XCII, § 9219(3), Dec. 23, 2022, 136 Stat. 3879.)

## Notes

### Editorial Notes

### Amendments

2022—Par. (11)(A). Pub. L. 117–263 substituted “disability” for “handicapping condition”.

1994—Par. (8)(A). Pub. L. 103–236 inserted “a member of the Service who is a United States citizen (other than a family member) employed under section 3951 of this title,”.