16 U.S.C. § 831b

Officers and employees; wages of laborers and mechanics; application of employees’ compensation provisions

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(a) Appointment by the chief executive officer

The chief executive officer shall appoint, with the advice and consent of the Board, and without regard to the provisions of the civil service laws applicable to officers and employees of the United States, such managers, assistant managers, officers, employees, attorneys, and agents as are necessary for the transaction of the business of the Corporation.

(b) Wage rates

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, § 3, 48 Stat. 59; Pub. L. 92–310, title II, § 225(a), June 6, 1972, 86 Stat. 206; Pub. L. 108–447, div. C, title VI, § 602, Dec. 8, 2004, 118 Stat. 2966.)Editorial NotesCodification

In the last par. of subsec. (b), “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, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

2004—Pub. L. 108–447 added subsec. (a), designated existing provisions as subsec. (b) and inserted heading, and struck out former first undesignated par. which read as follows: “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.”

1972—Pub. L. 92–310 struck out provisions which permitted the board to require bonds from managers, assistant managers, officers, employees, attorneys, and agents.

Statutory Notes and Related SubsidiariesEffective Date of 2004 Amendment

Amendment by Pub. L. 108–447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108–447 take office or May 18, 2005, see section 604(b) of Pub. L. 108–447, set out in an Appointments; Effective Date; Transition note under section 831a of this title.

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, § 101(d) [title IV], Dec. 22, 1987, 101 Stat. 1329–104, 1329–129.

Pub. L. 99–500, § 101(e) [title IV], Oct. 18, 1986, 100 Stat. 1783–194, 1783–212, and Pub. L. 99–591, § 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, § 705, Oct. 10, 1980, 94 Stat. 1748, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure.

Notes of Decisions

Cited in 42 cases, 1937–2008 · leading case: Powerex Corp. v. Reliant Energy Servs., Inc., 551 U.S. 224 (2007).

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Powerex Corp. v. Reliant Energy Servs., Inc., 551 U.S. 224 (2007). · cites it 2× “, 16 U.S.C. § 831b. In sum, Powerex is the kind of government entity that Congress had in mind when it wrote the FSIA's "commercial activit[y]" provisions.”

Clarence Seay, Jr. v. Tennessee Valley Auth. Craven Crowell, 339 F.3d 454 (6th Cir. 2003). “” 16 U.S.C. § 831b (emphasis added). This means that TVA is exempted “from conditioning its appointments on the passage of a competitive examination.”

North Carolina Ex Rel. Cooper v. Tennessee Valley Auth., 515 F.3d 344 (4th Cir. 2008). · cites it 2× “§ 831a; exempted the TVA from the civil service laws, 16 U.S.C. § 831b; exempted the TVA from the purchasing requirements otherwise applicable to federal entities, 16 U.”

Int'l Org. of Masters, Mates & Pilots v. Honorable Harold Brown, Sec'y of Def., 698 F.2d 536 (D.C. Cir. 1983). · cites it 3× “Of the five exemptions, the TVA is particularly noteworthy because the exception cites a statute, 16 U.S.C. § 831b, that requires the TVA to pay laborers and mechanics wages that are at least at the prevailing rate for work of a *543 similar nature in the vicinity.”

William Dan Deford v. Sec'y of Labor, & Tennessee Valley Auth., Intervenor. Tennessee Valley Auth. v. Sec'y of Labor, 700 F.2d 281 (6th Cir. 1983). · cites it 2× “See 16 U.S.C. § 831b. At first glance, a hybrid remedy of sorts under both section 5851 and the FECA would not appear to raise any difficulty.”

Oman Constr. Co. v. Tennessee Valley Auth., 486 F. Supp. 375 (M.D. Tenn. 1979). · cites it 2× “The minimum wage provision is required by section 3 of the TVA Act (16 U.S.C. § 831b (1976)), which provides, in pertinent part, that: “All contracts to which the Corporation is a party and which require the employment of laborers and mechanics in the construction, alteration,…”

W. Eugene Bowman v. Tennessee Valley Auth. Salary Policy Emp. Panel & Off. & Prof'l Employees Int'l Union, Afl-Cio, 744 F.2d 1207 (6th Cir. 1984). · cites it 2× “It is empowered by section 3 of the Act, 16 U.S.C. § 831b (1976), to “provide a system of organization to fix responsibility and promote efficiency” among its personnel.”

Nancy Turner, Ex Rel. Farrell W. Turner v. Tennessee Valley Auth., Owner of the Lucy E, 859 F.2d 412 (6th Cir. 1988). · cites it 3× “” 16 U.S.C.A. § 831b (West 1985). Plaintiff has rationalized that the language “insofar as applicable” should be interpreted as according a government employee, such as Turner, the option of electing between two equally available statutory remedies, i.”

Edward C. Hester v. Int'l Union of Operating Engineers, 830 F.2d 172 (11th Cir. 1987). · cites it 2× “Hester asserted that the federal district court had jurisdiction under section 3 of the TVA Act, 16 U.S.C. § 831b, which allegedly implies a duty of fair representation actionable in federal court.”

Thomas E. Bates Et Ux. v. Fred Harp, 573 F.2d 930 (6th Cir. 1978). · cites it 2× “In support of this contention Harp relies upon a 1966 resolution of the TVA Board of Directors adopted pursuant to Section 3 of the TVA Act, 16 U.S.C. § 831b, which provides in pertinent part: If an employee, while on official TVA business and while acting within the scope of…”

Tennessee Valley Auth. v. Kinzer, 142 F.2d 833 (6th Cir. 1944). · cites it 2× “The System was set up under Rules and Regulations promulgated under § 3 of the Tennessee Valley Authority Act, 16 U.S.C.A. § 831b. Section 3 provides that the board of directors of the Authority shall, among other things, appoint the members, officers, and employees necessary…”

Posey v. Tennessee Valley Auth., 93 F.2d 726 (5th Cir. 1937). · cites it 2× “We have only to look at the preceding section of the act, section 3, 16 U.S.C.A. § 831b, for the otherwise specific provision applicable here.”

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