Page:United States Statutes at Large Volume 113 Part 2.djvu/147

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PUBLIC LAW 106-78—OCT. 22, 1999 113 STAT. 1167 section 388 of the Federal Agriculture Improvement and Reform Act of 1996, solely for use in the State of New Hampshire. SEC. 748. The Immigration and Nationality Act (8 U.S.C. 1188 et seq.) is amended— (1) in section 218(c)(1) by striking "60 days" and inserting 8 USC 1188. "45 days"; and (2) in section 218(c)(3)(A) by striking "20 days" and inserting "30 days". SEC. 749. SuccEssoRSHip PROVISIONS RELATING TO BARGAINING UNITS AND EXCLUSIVE REPRESENTATIVES, (a) VOLUNTARY AGREE- MENT. — (1) IN GENERAL.—I f the exercise of the Secretary of Agriculture's authority under this section results in changes to an existing bargaining unit that has been certified under chapter 71 of title 5, United States Code, the affected parties shall attempt to reach a voluntary agreement on a new bargaining unit and an exclusive representative for such unit. (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, United States Code, relating to determining an exclusive representative; and (B) section 7112 of title 5, United States Code (disregarding subsections (b)(5) and (d) thereof), relating to determining appropriate units. (b) EFFECT OF AN AGREEMENT. — (1) IN GENERAL.—If the affected parties reach agreement Certification, on the appropriate unit and the exclusive representative for such unit under subsection (a), the Federal Labor Relations Authority shall certify the terms of such agreement, subject to paragraph (2)(A). Nothing in this subsection shall be considered to require the holding of any hearing or election as a condition for certification. (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, United States Code) 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, United States Code, 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.—Nothing in section 7111(f)(3) of title 5, United States Code, shall prevent the holding of an election under section 7111(b) of such title that covers employees within a unit certified under paragraph (1), or giving effect to the results of such an election (including a decision not to be represented by any labor organization), if the election is held before the end of the 12-month period beginning on the date such unit is so certified.