---
kind: "section"
citation: "22 U.S.C. § 4113"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4113"
heading: "Representation rights and duties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4113"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter X — Labor-Management Relations"
---

# §4113. Representation rights and duties

- (a) **Negotiation of collective bargaining agreements; nondiscriminatory representation—** A [labor organization](/usc/22/4102.md?p=11) which has been accorded exclusive recognition is the [exclusive representative](/usc/22/4102.md?p=9) of, and is entitled to act for, and negotiate [collective bargaining agreements](/usc/22/4102.md?p=4) covering, all [employees](/usc/22/4102.md?p=8) in the unit described in [section 4112 of this title](/usc/22/4112.md). An [exclusive representative](/usc/22/4102.md?p=9) is responsible for representing the interests of all [employees](/usc/22/4102.md?p=8) in that unit without discrimination and without regard to [labor organization](/usc/22/4102.md?p=11) membership.
- (b) **Places of representation—**
  - (1) An [exclusive representative](/usc/22/4102.md?p=9) shall be given the opportunity to be represented at—
    - (A) any formal discussion between one or more representatives of the [Department](/usc/22/3902.md?p=4) and one or more [employees](/usc/22/4102.md?p=8) in the unit (or their representatives), concerning any [grievance](/usc/22/4131.md?p=a-1) (as defined in [section 4131 of this title](/usc/22/4131.md)) or any personnel policy or practice or other general condition of employment; and
    - (B) any examination of an [employee](/usc/22/4102.md?p=8) by a [Department](/usc/22/3902.md?p=4) representative in connection with an investigation if—
      - (i) the [employee](/usc/22/4102.md?p=8) reasonably believes that the examination may result in disciplinary action against the [employee](/usc/22/4102.md?p=8), and
      - (ii) the [employee](/usc/22/4102.md?p=8) requests such representation.
  - (2) The [Department](/usc/22/3902.md?p=4) shall annually inform [employees](/usc/22/4102.md?p=8) of their rights under [paragraph (1)(B)](#b-1-B).
- (c) **Duty to bargain in good faith; determination of techniques assisting negotiation—** The [Department](/usc/22/3902.md?p=4) and the [exclusive representative](/usc/22/4102.md?p=9), through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a [collective bargaining agreement](/usc/22/4102.md?p=4). In addition, the [Department](/usc/22/3902.md?p=4) and the [exclusive representative](/usc/22/4102.md?p=9) may determine appropriate techniques, consistent with the provisions of [section 4110 of this title](/usc/22/4110.md), to assist in any negotiation.
- (d) **Applicability to other employee rights or remedies—** The rights of an [exclusive representative](/usc/22/4102.md?p=9) under this section shall not preclude an [employee](/usc/22/4102.md?p=8) from—
  - (1) being represented by an attorney or other representative of the [employee](/usc/22/4102.md?p=8)’s own choosing, other than the [exclusive representative](/usc/22/4102.md?p=9), in any [grievance](/usc/22/4131.md?p=a-1) proceeding under subchapter XI; or
  - (2) exercising [grievance](/usc/22/4131.md?p=a-1) or appeal rights established by law, rule, or regulation.
- (e) **Obligations included in good faith bargaining—** The duty of the [Department](/usc/22/3902.md?p=4) and the [exclusive representative](/usc/22/4102.md?p=9) to negotiate in good faith shall include the obligation—
  - (1) to approach the negotiations with a sincere resolve to reach a [collective bargaining agreement](/usc/22/4102.md?p=4);
  - (2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment;
  - (3) to meet at reasonable times and convenient places as frequently as may be necessary and to avoid unnecessary delays;
  - (4) for the [Department](/usc/22/3902.md?p=4) to furnish to the [exclusive representative](/usc/22/4102.md?p=9), or its authorized representative, upon request and to the extent not prohibited by law, data—
    - (A) which is normally maintained by the [Department](/usc/22/3902.md?p=4) in the regular course of business;
    - (B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of [collective bargaining](/usc/22/4102.md?p=3); and
    - (C) which does not constitute guidance, advice, counsel, or training provided for [management officials](/usc/22/4102.md?p=12) or [confidential employees](/usc/22/4102.md?p=6), relating to [collective bargaining](/usc/22/4102.md?p=3);
  - (5) to negotiate jointly with respect to [conditions of employment](/usc/22/4102.md?p=5) applicable to [employees](/usc/22/4102.md?p=8) in more than one of the [agencies](/usc/22/3902.md?p=2) authorized to utilize the Foreign Service personnel [system](/usc/22/4071a.md?p=10), as determined by the heads of such [agencies](/usc/22/3902.md?p=2); and
  - (6) if agreement is reached, to execute, upon the request of any party to the negotiation, a written document embodying the agreed terms, and to take the steps necessary to implement the agreement.
- (f) **Approval of agreement by Secretary; effective date; binding effect—**
  - (1) An agreement between the [Department](/usc/22/3902.md?p=4) and the [exclusive representative](/usc/22/4102.md?p=9) shall be subject to approval by the [Secretary](/usc/22/3902.md?p=10).
  - (2) The [Secretary](/usc/22/3902.md?p=10) shall approve the agreement within 30 days after the date of the agreement unless the [Secretary](/usc/22/3902.md?p=10) finds in writing that the agreement is contrary to applicable law, rule, or regulation.
  - (3) Unless the [Secretary](/usc/22/3902.md?p=10) disapproves the agreement by making a finding under [paragraph (2)](#f-2), the agreement shall take effect after 30 days from its execution and shall be binding on the [Department](/usc/22/3902.md?p=4) and the [exclusive representative](/usc/22/4102.md?p=9) subject to all applicable laws, orders, and regulations.
- (g) **Consultation by Department with exclusive representative—** The [Department](/usc/22/3902.md?p=4) shall consult with the [exclusive representative](/usc/22/4102.md?p=9) with respect to [Government](/usc/22/3902.md?p=7)-wide or multiagency matters affecting the rights, benefits, or obligations of individuals employed in [agencies](/usc/22/3902.md?p=2) not authorized to utilize the Foreign Service personnel [system](/usc/22/4071a.md?p=10). The [exclusive representative](/usc/22/4102.md?p=9) shall be informed of any change proposed by the [Department](/usc/22/3902.md?p=4) with respect to such matters, and shall be permitted reasonable time to present its views and recommendations regarding such change. The [Department](/usc/22/3902.md?p=4) shall consider the views and recommendations of the [exclusive representative](/usc/22/4102.md?p=9) before taking final action on any such change, and shall provide the [exclusive representative](/usc/22/4102.md?p=9) a written statement of the reasons for taking the final action.

## Source credit

(Pub. L. 96–465, title I, § 1013, Oct. 17, 1980, 94 Stat. 2135.)