--- kind: "section" citation: "22 U.S.C. § 4111" title: "22" title_heading: "Foreign Relations and Intercourse" number: "4111" heading: "Exclusive recognition" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/22/4111" units: - "Chapter 52 — Foreign Service" - "Subchapter X — Labor-Management Relations" --- # §4111. Exclusive recognition - (a) **Secret ballot election; majority vote—** The [Department](/usc/22/3902.md?p=4) shall accord exclusive recognition to a [labor organization](/usc/22/4102.md?p=11) if the organization has been selected as the representative, in a secret ballot election, by a majority of the [employees](/usc/22/4102.md?p=8) in a unit who cast valid ballots in the election. - (b) **Investigation of petition; hearing; supervision of election; certification of results; length of time between elections—** If a petition is filed with the [Board](/usc/22/4102.md?p=2)— - (1) by any [person](/usc/22/4102.md?p=14) alleging— - (A) in the case of a unit for which there is no [exclusive representative](/usc/22/4102.md?p=9), that 30 percent of the [employees](/usc/22/4102.md?p=8) in the unit wish to be represented for the purpose of [collective bargaining](/usc/22/4102.md?p=3) by an [exclusive representative](/usc/22/4102.md?p=9), or - (B) in the case of a unit for which there is an [exclusive representative](/usc/22/4102.md?p=9), that 30 percent of the [employees](/usc/22/4102.md?p=8) in the unit alleged that the [exclusive representative](/usc/22/4102.md?p=9) is no longer the representative of the majority of the [employees](/usc/22/4102.md?p=8) in the unit; or - (2) by any [person](/usc/22/4102.md?p=14) seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation; the [Board](/usc/22/4102.md?p=2) shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the [Board](/usc/22/4102.md?p=2) finds on the record of the hearing that a question of representation exists, the [Board](/usc/22/4102.md?p=2) shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any unit within which a valid election under this subsection has been held during the preceding 12 calendar months or with respect to which a [labor organization](/usc/22/4102.md?p=11) has been certified as the [exclusive representative](/usc/22/4102.md?p=9) during the preceding 24 calendar months. - (c) **Intervention of labor organizations; placement on ballot—** A [labor organization](/usc/22/4102.md?p=11) which— - (1) has been designated by at least 10 percent of the [employees](/usc/22/4102.md?p=8) in the unit; or - (2) is the [exclusive representative](/usc/22/4102.md?p=9) of the [employees](/usc/22/4102.md?p=8) involved; may intervene with respect to a petition filed pursuant to [subsection (b)](#b) and shall be placed on the ballot of any election under [subsection (b)](#b) with respect to the petition. - (d) **Eligibility to vote; regulations; choices on ballot; preferential voting; certification as exclusive representative—** - (1) The [Board](/usc/22/4102.md?p=2) shall determine who is eligible to vote in any election under this section and shall establish regulations governing any such election, which shall include regulations allowing [employees](/usc/22/4102.md?p=8) eligible to vote the opportunity to choose— - (A) from [labor organizations](/usc/22/4102.md?p=11) on the ballot, that [labor organization](/usc/22/4102.md?p=11) which the [employees](/usc/22/4102.md?p=8) wish to have represent them; or - (B) not to be represented by a [labor organization](/usc/22/4102.md?p=11). - (2) In any election in which more than two choices are on the ballot, the regulations of the [Board](/usc/22/4102.md?p=2) shall provide for preferential voting. If no choice receives a majority of first preferences, the [Board](/usc/22/4102.md?p=2) shall distribute to the two choices having the most first preferences the preferences as between those two of the other valid ballots cast. The choice receiving a majority of preferences shall be declared the winner. A [labor organization](/usc/22/4102.md?p=11) which is declared the winner of the election shall be certified by the [Board](/usc/22/4102.md?p=2) as the [exclusive representative](/usc/22/4102.md?p=9). - (e) **Submission of required material—** A [labor organization](/usc/22/4102.md?p=11) seeking exclusive recognition shall submit to the [Board](/usc/22/4102.md?p=2) and to the [Department](/usc/22/3902.md?p=4) a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives. - (f) **Grounds for denial of exclusive recognition status—** Exclusive recognition shall not be accorded to a [labor organization](/usc/22/4102.md?p=11)— - (1) if the [Board](/usc/22/4102.md?p=2) determines that the [labor organization](/usc/22/4102.md?p=11) is subject to corrupt influence or influences opposed to democratic principles; or - (2) in the case of a petition filed under [subsection (b)(1)(A)](#b-1-A), if there is not credible evidence that at least 30 percent of the [employees](/usc/22/4102.md?p=8) wish to be represented for the purpose of [collective bargaining](/usc/22/4102.md?p=3) by the [labor organization](/usc/22/4102.md?p=11) seeking exclusive recognition. - (g) **Waiver of hearings; consent elections—** Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules or decisions of the [Board](/usc/22/4102.md?p=2). ## Source credit (Pub. L. 96–465, title I, § 1011, Oct. 17, 1980, 94 Stat. 2134.)