§2297b–4. Employees of Corporation
(a) Appointment
The Board shall appoint such officers and employees as are necessary for the transaction of its business.
(b) Compensation, duties, and removal
The Board shall, without regard to section 5301 of title 5, fix the compensation of all officers and employees of the Corporation, define their duties, and provide a system of organization to fix responsibility and promote efficiency. Any officer or employee of the Corporation may be removed in the discretion of the Board.
(c) Applicable criteria
The Board shall ensure that the personnel function and organization is consistent with the principles of section 2301(b) of title 5, relating to merit system principles. Officers and employees shall be appointed, promoted, and assigned on the basis of merit and fitness, and other personnel actions shall be consistent with the principles of fairness and due process but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service.
(d) Treatment of persons employed prior to transition date
Compensation, benefits, and other terms and conditions of employment in effect immediately prior to the transition date, whether provided by statute or by rules of the Department or the executive branch, shall continue to apply to officers and employees who transfer to the Corporation from other Federal employment until changed by the Board.
(e) Protection of existing employees
(1) In general
It is the purpose of this subsection to ensure that the establishment of the Corporation pursuant to this subchapter shall not result in any adverse effects on the employment rights, wages, or benefits of employees at facilities that are operated, directly or under contract, in the performance of the functions vested in the Corporation.
(2) Applicability of existing collective bargaining agreement
Any employer (including the Corporation) at a facility described in paragraph (1) shall abide by the terms of a collective bargaining agreement in effect on April 30, 1991, at each individual facility until-
(A) the earlier of the date on which a new bargaining agreement is signed; or
(B) the end of the 2-year period beginning on October 24, 1992.
(3) Applicability of NLRA
Except as specifically provided in this subsection, the Corporation is subject to the provisions of the National Labor Relations Act (29 U.S.C. 151 et seq.).
(4) Benefits of transferees and detailees
At the request of the Board and subject to the approval of the Secretary, an employee of the Department may be transferred or detailed as provided for in section 2297b–14 of this title, to the Corporation without any loss in accrued benefits or standing within the Civil Service System. For those employees who accept transfer to the Corporation, it shall be their option as to whether to have any accrued retirement benefits transferred to a retirement system established by the Corporation or to retain their coverage under either the Civil Service Retirement System or the Federal Employees' Retirement System, as applicable, in lieu of coverage by the Corporation's retirement system. For those employees electing to remain with one of the Federal retirement systems, the Corporation shall withhold pay and make such payments as are required under the Federal retirement system. For those Department employees detailed, the Department shall offer those employees a position of like grade, compensation, and proximity to their official duty station after their services are no longer required by the Corporation.
(Aug. 1, 1946, ch. 724, title II, §1305, as added Oct. 24, 1992,
References in Text
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.
The National Labor Relations Act, referred to in subsec. (e)(3), is act July 5, 1935, ch. 372,
Section Referred to in Other Sections
This section is referred to in section 2297b–6 of this title.