
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3701]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
              SUBCHAPTER I--ADMINISTRATION AND REGULATIONS
 
                            Part 2--Employees
 
                 subpart vi--labor-management relations
 
Sec. 3701. Labor-management relations


(a) Applicability of chapter 71 of title 5

    Nothing in this chapter shall be construed to affect the 
applicability of chapter 71 of title 5, relating to labor-management and 
employee relations, with respect to the Commission or the operations of 
any other Executive agency conducted in that area of the Republic of 
Panama which, on September 30, 1979, was the Canal Zone, except that in 
applying those provisions--
        (1) the definition of ``employee'' shall be applied without 
    regard to clause (i) of section 7103(a)(2) of such title 5 which 
    relates to nationality and citizenship;
        (2) a unit shall be considered to be appropriate notwithstanding 
    the fact that it includes any supervisor if that supervisor's 
    position (or type of position) was, before October 1, 1979, 
    represented before the Panama Canal Company by a labor organization 
    that included employees who were not supervisors; and
        (3) any negotiated grievance procedures under section 7121 of 
    title 5, including any provisions relating to binding arbitration, 
    shall, with respect to any personnel action to which subchapter II 
    of chapter 75 of such title applies (as determined under section 
    7512 of such title), be available to the same extent and in the same 
    manner as if employees of the Panama Canal Commission were not 
    excluded from such subchapter under section 7511(b)(8) of such 
    title.

(b) United States laws applicable

    Labor-management and employee relations of the Commission, other 
Executive agencies, and the Smithsonian Institution, their employees, 
and organizations of those employees, in connection with operations 
conducted in that area of the Republic of Panama which, on September 30, 
1979, was the Canal Zone, shall be governed and regulated solely by the 
applicable laws, rules, and regulations of the United States.

(c) Resolution of collective bargaining impasses

    (1) This subsection applies to any matter that becomes the subject 
of collective bargaining between the Commission and the exclusive 
representative for any bargaining unit of employees of the Commission 
during the period beginning on November 18, 1997, and ending on the 
Canal Transfer Date.
    (2)(A) The resolution of impasses resulting from collective 
bargaining between the Commission and any such exclusive representative 
during that period shall be conducted in accordance with such procedures 
as may be mutually agreed upon between the Commission and the exclusive 
representative (without regard to any otherwise applicable provisions of 
chapter 71 of title 5). Such mutually agreed upon procedures shall 
become effective upon transmittal by the Chairman of the Supervisory 
Board of the Commission to the Congress of notice of the agreement to 
use those procedures and a description of those procedures.
    (B) The Federal Services Impasses Panel shall not have jurisdiction 
to resolve any impasse between the Commission and any such exclusive 
representative in negotiations over a procedure for resolving impasses.
    (3) If the Commission and such an exclusive representative do not 
reach an agreement concerning a procedure for resolving impasses with 
respect to a bargaining unit and transmit notice of the agreement under 
paragraph (2) on or before July 1, 1998, the following shall be the 
procedure by which collective bargaining impasses between the Commission 
and the exclusive representative for that bargaining unit shall be 
resolved:
        (A) If bargaining efforts do not result in an agreement, either 
    party may timely request the Federal Mediation and Conciliation 
    Service to assist in achieving an agreement.
        (B) If an agreement is not reached within 45 days after the date 
    on which either party requests the assistance of the Federal 
    Mediation and Conciliation Service in writing (or within such 
    shorter period as may be mutually agreed upon by the parties), the 
    parties shall be considered to be at an impasse and the Federal 
    Mediation and Conciliation Service shall immediately notify the 
    Federal Services Impasses Panel of the Federal Labor Relations 
    Authority, which shall decide the impasse.
        (C) If the Federal Services Impasses Panel fails to issue a 
    decision within 90 days after the date on which notice under 
    subparagraph (B) is received by the Panel (or within such shorter 
    period as may be mutually agreed upon by the parties), the efforts 
    of the Panel shall be terminated.
        (D) In such a case, the Chairman of the Panel (or another member 
    in the absence of the Chairman) shall immediately determine the 
    matter by a drawing (conducted in such manner as the Chairman (or, 
    in the absence of the Chairman, such other member) determines 
    appropriate) between the last offer of the Commission and the last 
    offer of the exclusive representative, with the offer chosen through 
    such drawing becoming the binding resolution of the matter.

    (4) In the case of a notice of agreement described in paragraph 
(2)(A) that is transmitted to the Congress as described in the second 
sentence of that paragraph after July 1, 1998, the impasse resolution 
procedures covered by that notice shall apply to any impasse between the 
Commission and the other party to the agreement that is unresolved on 
the date on which that notice is transmitted to the Congress.

(Pub. L. 96-70, title I, Sec. 1271, Sept. 27, 1979, 93 Stat. 476; Pub. 
L. 103-160, div. C, title XXXV, Sec. 3505, Nov. 30, 1993, 107 Stat. 
1966; Pub. L. 105-85, div. C, title XXXV, Sec. 3527, Nov. 18, 1997, 111 
Stat. 2068.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 96-70, Sept. 27, 1979, 93 Stat. 452, known as the 
Panama Canal Act of 1979, which is classified principally to this 
chapter. For complete classification of this Act to the Code, see Short 
Title note set out under section 3601 of this title and Tables.


                               Amendments

    1997--Subsec. (c). Pub. L. 105-85 added subsec. (c).
    1993--Subsec. (a)(3). Pub. L. 103-160 added par. (3).


                    Effective Date of 1993 Amendment

    Section 3506 of title XXXV of div. C of Pub. L. 103-160 provided 
that:
    ``(a) In General.--Except as provided in subsection (b), this title 
[amending this section and enacting provisions set out as a note under 
section 3641 of this title] shall take effect as of October 1, 1993.
    ``(b) Special Rule.--Paragraph (3) of section 1271(a) of the Panama 
Canal Act of 1979 (22 U.S.C. 3701(a)), as added by section 3505(3), 
shall take effect on the date of the enactment of this Act [Nov. 30, 
1993] and shall apply with respect to grievances arising on or after 
such date.''
