---
kind: "section"
citation: "5 C.F.R. § 2426.1"
title: "5"
number: "2426.1"
heading: "Requesting; granting; criteria."
url: "https://uscodex.org/cfr/5/2426.1"
---

# §2426.1. Requesting; granting; criteria.

- (a) An agency shall accord national consultation rights to a labor organization that:
  - (1) Requests national consultation rights at the agency level; and
  - (2) **Holds exclusive recognition for either—**
    - (i) Ten percent (10%) or more of the total number of civilian personnel employed by the agency and the non-appropriated fund Federal instrumentalities under its jurisdiction, excluding foreign nationals; or
    - (ii) 3,500 or more employees of the agency.
- (b) An agency's primary national subdivision which has authority to formulate conditions of employment shall accord national consultation rights to a labor organization that:
  - (1) Requests national consultation rights at the primary national subdivision level; and
  - (2) **Holds exclusive recognition for either—**
    - (i) Ten percent (10%) or more of the total number of civilian personnel employed by the primary national subdivision and the non-appropriated fund Federal instrumentalities under its jurisdiction, excluding foreign nationals; or
    - (ii) 3,500 or more employees of the primary national subdivision.
- (c) In determining whether a labor organization meets the requirements as prescribed in paragraphs [(a)(2)](#a-2) and [(b)(2)](#b-2) of this section, the following will not be counted:
  - (1) At the agency level, employees represented by the labor organization under national exclusive recognition granted at the agency level.
  - (2) At the primary national subdivision level, employees represented by the labor organization under national exclusive recognition granted at the agency level or at that primary national subdivision level.
- (d) An agency or a primary national subdivision of an agency shall not grant national consultation rights to any labor organization that does not meet the criteria prescribed in paragraphs [(a)](#a), [(b)](#b) and [(c)](#c) of this section.

## Notes

### Authority

Authority: 5 U.S.C. 7134.

### Source

Source: 45 FR 3513, Jan. 17, 1980, unless otherwise noted.