Collapse to view only § 7013. Repealed.
- § 7011. Successorship provisions relating to bargaining units and exclusive representatives
- § 7012. Purchase of American-made equipment and products
- § 7013. Repealed.
- § 7014. Termination of authority
§ 7011. Successorship provisions relating to bargaining units and exclusive representatives
(a) Voluntary agreement
(1) In general
(2) Criteria
In carrying out the requirements of this subsection, the affected parties shall use criteria set forth in—
(A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 of title 5, relating to determining an exclusive representative; and
(B)section 7112 of title 5 (disregarding subsections (b)(5) and (d) thereof), relating to determining appropriate units.
(b) Effect of an agreement
(1) In general
(2) Restrictions
(A) Conditions requiring noncertification
The Federal Labor Relations Authority may not certify the terms of an agreement under paragraph (1) if—
(i) it determines that any of the criteria referred to in subsection (a)(2) (disregarding section 7112(a) of title 5) have not been met; or
(ii) after the Secretary’s exercise of authority and before certification under this section, a valid election under section 7111(b) of title 5 is held covering any employees who would be included in the unit proposed for certification.
(B) Temporary waiver of provision that would bar an election after a collective bargaining agreement is reached
(C) Clarification
(3) Delegation
(A) In general
(B) Review
(c) “Affected party” defined
For purposes of this section, the term “affected party” means—
(1) with respect to an exercise of authority by the Secretary under this chapter, any labor organization affected thereby; and
(2) the Department of Agriculture.
(Pub. L. 103–354, title II, § 291, Oct. 13, 1994, 108 Stat. 3235.)
§ 7012. Purchase of American-made equipment and products
(a) Sense of Congress
(b) Notice requirement
(Pub. L. 103–354, title II, § 292, Oct. 13, 1994, 108 Stat. 3237.)
§ 7013. Repealed. Pub. L. 115–334, title XII, § 12414(a)(7), Dec. 20, 2018, 132 Stat. 4981
§ 7014. Termination of authority
(a) In general
(b) FunctionsSubsection (a) shall not affect:
(1) The authority of the Secretary to continue to carry out a function that the Secretary performs on the date that is 2 years after October 13, 1994.
(2) The authority delegated to the Secretary under Reorganization Plan No. 2 of 1953 (5 U.S.C. App.;
(3) The authority of an agency, office, officer, or employee of the Department to continue to perform all functions delegated or assigned to the entity or person as of that termination date.
(4) The authority of the Secretary to establish in the Department the position of Under Secretary of Agriculture for Marketing and Regulatory Programs under section 7005 of this title.
(5) The authority of the Secretary to establish within the Department the position of Assistant Secretary of Agriculture for Civil Rights, and delegate duties to the Assistant Secretary, under section 6918 of this title.
(6) The authority of the Secretary to establish in the Department, under section 6971 of this title—
(A) the position of Under Secretary of Agriculture for Research, Education, and Economics;
(B) the Office of the Chief Scientist; and
(C) the National Institute of Food and Agriculture.
(7) The authority of the Secretary to establish in the Department the Office of Advocacy and Outreach in accordance with section 6934 of this title.
(8) The authority of the Secretary to carry out amendments made to this chapter by the Agricultural Act of 2014.
(9) The authority of the Secretary to carry out the amendments made to this chapter by section 772 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018.
(10) The authority of the Secretary to carry out the amendments made to this chapter by the Agriculture Improvement Act of 2018.
(Pub. L. 103–354, title II, § 296, Oct. 13, 1994, 108 Stat. 3238; Pub. L. 105–277, div. A, § 101(a) [title X, § 1001(4)], Oct. 21, 1998, 112 Stat. 2681, 2681–42; Pub. L. 107–171, title X, § 10704(c), May 13, 2002, 116 Stat. 518; Pub. L. 110–234, title VII, § 7511(b), title XIV, § 14013(b), May 22, 2008, 122 Stat. 1267, 1453; Pub. L. 110–246, § 4(a), title VII, § 7511(b), title XIV, § 14013(b), June 18, 2008, 122 Stat. 1664, 2028, 2215; Pub. L. 113–79, title I, § 1610(b), Feb. 7, 2014, 128 Stat. 710; Pub. L. 115–334, title XII, §§ 12411(b)(2), 12416, Dec. 20, 2018, 132 Stat. 4980, 4982.)