
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: 5USC7119]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                 CHAPTER 71--LABOR-MANAGEMENT RELATIONS
 
  SUBCHAPTER II--RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS
 
Sec. 7119. Negotiation impasses; Federal Service Impasses Panel

    (a) The Federal Mediation and Conciliation Service shall provide 
services and assistance to agencies and exclusive representatives in the 
resolution of negotiation impasses. The Service shall determine under 
what circumstances and in what manner it shall provide services and 
assistance.
    (b) If voluntary arrangements, including the services of the Federal 
Mediation and Conciliation Service or any other third-party mediation, 
fail to resolve a negotiation impasse--
        (1) either party may request the Federal Service Impasses Panel 
    to consider the matter, or
        (2) the parties may agree to adopt a procedure for binding 
    arbitration of the negotiation impasse, but only if the procedure is 
    approved by the Panel.

    (c)(1) The Federal Service Impasses Panel is an entity within the 
Authority, the function of which is to provide assistance in resolving 
negotiation impasses between agencies and exclusive representatives.
    (2) The Panel shall be composed of a Chairman and at least six other 
members, who shall be appointed by the President, solely on the basis of 
fitness to perform the duties and functions involved, from among 
individuals who are familiar with Government operations and 
knowledgeable in labor-management relations.
    (3) Of the original members of the Panel, 2 members shall be 
appointed for a term of 1 year, 2 members shall be appointed for a term 
of 3 years, and the Chairman and the remaining members shall be 
appointed for a term of 5 years. Thereafter each member shall be 
appointed for a term of 5 years, except that an individual chosen to 
fill a vacancy shall be appointed for the unexpired term of the member 
replaced. Any member of the Panel may be removed by the President.
    (4) The Panel may appoint an Executive Director and any other 
individuals it may from time to time find necessary for the proper 
performance of its duties. Each member of the Panel who is not an 
employee (as defined in section 2105 of this title) is entitled to pay 
at a rate equal to the daily equivalent of the maximum annual rate of 
basic pay then currently paid under the General Schedule for each day he 
is engaged in the performance of official business of the Panel, 
including travel time, and is entitled to travel expenses as provided 
under section 5703 of this title.
    (5)(A) The Panel or its designee shall promptly investigate any 
impasse presented to it under subsection (b) of this section. The Panel 
shall consider the impasse and shall either--
        (i) recommend to the parties procedures for the resolution of 
    the impasse; or
        (ii) assist the parties in resolving the impasse through 
    whatever methods and procedures, including factfinding and 
    recommendations, it may consider appropriate to accomplish the 
    purpose of this section.

    (B) If the parties do not arrive at a settlement after assistance by 
the Panel under subparagraph (A) of this paragraph, the Panel may--
        (i) hold hearings;
        (ii) administer oaths, take the testimony or deposition of any 
    person under oath, and issue subpenas as provided in section 7132 of 
    this title; and
        (iii) take whatever action is necessary and not inconsistent 
    with this chapter to resolve the impasse.

    (C) Notice of any final action of the Panel under this section shall 
be promptly served upon the parties, and the action shall be binding on 
such parties during the term of the agreement, unless the parties agree 
otherwise.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1208.)

                       References in Text

    The General Schedule, referred to in subsec. (c)(4), is set out 
under section 5332 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7103, 7114, 7133, 9501 of 
this title; title 2 section 1351; title 22 section 4110.
