Consultation requirement

(a) Exclusive representative (1) In general (A) Application Beginning on the date that chapter 71 of title 5, United States Code (referred to in this subsection as chapter 71), begins to apply to covered employees under section 3(c)(2), the labor organization certified by the Federal Labor Relations Authority on June 29, 2011, or any successor labor organization, shall be treated as the exclusive representative of screening agents and shall be the exclusive representative for screening agents under chapter 71, with full rights under chapter 71. (B) Rule of construction Nothing in this subsection may be construed to prevent covered employees from selecting an exclusive representative other than the labor organization described in paragraph (1) for purposes of collective bargaining under chapter 71. (2) National level (A) In general Notwithstanding any provision of chapter 71, collective bargaining for any unit of covered employees shall occur at the national level, but may be supplemented by local level bargaining and local level agreements in furtherance of elements of a national agreement or on issues of any local unit of covered employees not otherwise covered by a national agreement. (B) Mutual consent required Local-level bargaining and local-level agreements described in subparagraph (A) shall occur only by mutual consent of the exclusive representative of screening agents and the Federal Security Director (or a designee of such an official) of those screening agents. (3) Current agreement Any collective bargaining agreement covering such personnel in effect on the date of enactment of this Act shall remain in effect until a collective bargaining agreement is entered into under chapter 71, unless the Administrator and exclusive representative mutually agree to revisions to such an agreement. (b) Consultation process (1) In general Not later than 7 days after the date of enactment of this Act, the Secretary shall consult with the exclusive representative for the screening agents described in subsection (a)(1) under chapter 71 of title 5, United States Code, on the formulation of plans and deadlines to carry out the conversion, under this Act, of those screening agents. (2) Written plans Before the date that chapter 71 of title 5, United States Code, begins to apply under section 3(c)(2), the Secretary shall provide (in writing) to the exclusive representative described in paragraph (1) the plans for how the Secretary intends to carry out the conversion of covered employees under this Act, including with respect to such matters as— (A) the anticipated conversion date; and (B) measures to ensure compliance with sections 3 and 4. (c) Required agency response If any views or recommendations are presented under subsection (b) by the exclusive representative described in that subsection, the Secretary shall— (1) consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and (2) provide the exclusive representative a written statement of the reasons for the final actions to be taken.