§ 831b. — Officers and employees; wages of laborers and mechanics; application of employees' compensation provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC831b]
TITLE 16--CONSERVATION
CHAPTER 12A--TENNESSEE VALLEY AUTHORITY
Sec. 831b. Officers and employees; wages of laborers and
mechanics; application of employees' compensation provisions
The board shall without regard to the provisions of Civil Service
laws applicable to officers and employees of the United States, appoint
such managers, assistant managers, officers, employees, attorneys, and
agents as are necessary for the transaction of its business, fix their
compensation, define their duties, and provide a system of organization
to fix responsibility and promote efficiency. Any appointee of the board
may be removed in the discretion of the board. No regular officer or
employee of the Corporation shall receive a salary in excess of that
received by the members of the board.
All contracts to which the Corporation is a party and which require
the employment of laborers and mechanics in the construction,
alteration, maintenance, or repair of buildings, dams, locks, or other
projects shall contain a provision that not less than the prevailing
rate of wages for work of a similar nature prevailing in the vicinity
shall be paid to such laborers or mechanics.
In the event any dispute arises as to what are the prevailing rates
of wages, the question shall be referred to the Secretary of Labor for
determination, and his decision shall be final. In the determination of
such prevailing rate or rates, due regard shall be given to those rates
which have been secured through collective agreement by representatives
of employers and employees.
Where such work as is described in the two preceding paragraphs is
done directly by the Corporation the prevailing rate of wages shall be
paid in the same manner as though such work had been let by contract.
Insofar as applicable, the benefits of subchapter I of chapter 81 of
title 5 shall extend to persons given employment under the provisions of
this chapter.
(May 18, 1933, ch. 32, Sec. 3, 48 Stat. 59; Pub. L. 92-310, title II,
Sec. 225(a), June 6, 1972, 86 Stat. 206.)
References in Text
The Civil Service laws, referred to in text, are set forth in Title
5, Government Organization and Employees. See, particularly, section
3301 et seq. of Title 5. Offices and positions in the Tennessee Valley
Authority were specifically excepted from the provisions of the Ramspeck
Act (act Nov. 26, 1940, ch. 919, title I, Sec. 1, 54 Stat. 1211), which
authorized the President to cover into the classified (competitive)
civil service any offices or positions in the executive branch.
Codification
In the last par., ``subchapter I of chapter 81 of title 5''
substituted for ``the Act entitled `An Act to provide compensation for
employees of the United States suffering injuries while in the
performance of their duties, and for other purposes,' approved September
7, 1916, as amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept.
6, 1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees.
Amendments
1972--Pub. L. 92-310 struck out provisions which permitted the board
to require bonds from managers, assistant managers, officers, employees,
attorneys, and agents.
Payment of Physicians Allowances
Pub. L. 102-377, title IV, Oct. 2, 1992, 106 Stat. 1342, provided:
``That this appropriation and other moneys available to the Tennessee
Valley Authority may be used hereafter for payment of the allowances
authorized by section 5948 of title 5, United States Code''.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-104, title IV, Aug. 17, 1991, 105 Stat. 535.
Pub. L. 101-514, title IV, Nov. 5, 1990, 104 Stat. 2097.
Pub. L. 101-101, title IV, Sept. 29, 1989, 103 Stat. 665.
Pub. L. 100-371, title IV, July 19, 1988, 102 Stat. 873.
Pub. L. 100-202, Sec. 101(d) [title IV], Dec. 22, 1987, 101 Stat.
1329-104, 1329-129.
Pub. L. 99-500, Sec. 101(e) [title IV], Oct. 18, 1986, 100 Stat.
1783-194, 1783-212, and Pub. L. 99-591, Sec. 101(e) [title IV], Oct. 30,
1986, 100 Stat. 3341-194, 3341-212.
Legal Representation
Customs Courts Act of 1980 as not affecting authority of Tennessee
Valley Authority under this chapter to represent itself by attorneys of
its choosing, see Pub. L. 96-417, title VII, Sec. 705, Oct. 10, 1980, 94
Stat. 1748, set out as a note under section 251 of Title 28, Judiciary
and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in title 5 sections 5373, 5948; title 18
section 205.
