Page:United States Statutes at Large Volume 92 Part 1.djvu/815

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-390—SEPT. 29, 1978

92 STAT. 761

PROHIBITION OF COERCION

SEC. 303. (a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with— (1) such employee's rights under title I to elect a time of arrival or departure, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for .'•'. overtime hours; or (2) such employee's right under section 202(b)(1) to vote whether or not to be included within a compressed schedule experiment or such employee's right to request an agency determination under section 202(b)(2). For the purpose of the preceding sentence, the term "intimidate, threaten, or coerce" includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). (b) Any employee who violates the provisions of subsection (a) shall, upon a final order of the Commission, be— (1) removed from such employee's position, in which event that employee may not thereafter hold any position as an employee for such period as the Commission may prescribe; (2) suspended without pay from such employee's position for such period as the Commission may prescribe; or (3) disciplined in such other manner as the Commission shall deem appropriate. The commission shall prescribe procedures to carry out this subsection under which an employee subject to removal, suspension, or other disciplinary action shall have rights comparable to the rights afforded an employee subject to removal or suspension under subchapter III of chapter 73 of title 5, United States Code, relating to certain prohibited political activities.

5 USC 6101 note.

"Intimidate, threaten, or coerce, Penalty.

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5 USC 7321 et ^^q-

REPORTS

SEC. 304. Not later than 2i/^ years after the effective date of titles I and II of this Act, the Commission shall— (1) prepare an interim report containing recommendations as to what, if any, legislative or administrative action shall be taken based upon the results of experiments conducted under this Act, and (2) submit copies of such report to the President, the Speaker of the House, and the President pro tempore of the Senate,. The Commission shall prepare a final report with regard to experiments conducted under this Act and shall submit copies of such report to the President, the Speaker of the House, and the President pro tempore of the Senate not later than 3 years after such effective date.

5 USC 6101 note,

Transmittal to President and. Congress,

REGUIiATIONS

SEC. 305. The Commission shall prescribe regulations necessary for 5 USC 6101 note, the administration of the foregoing provisions of this Act.