---
kind: "range"
citation: "5 U.S.C. §§ 7101–7135"
title: "5"
from: "7101"
to: "7135"
count: 24
release: "119-102"
url: "https://uscodex.org/usc/5/7101..7135"
---

# §7101. Findings and purpose

- (a) The Congress finds that—
  - (1) experience in both private and public employment indicates that the statutory protection of the right of [employees](/usc/5/7103.md?p=a-2) to organize, bargain collectively, and participate through [labor organizations](/usc/5/7103.md?p=a-4) of their own choosing in decisions which affect them—
    - (A) safeguards the public interest,
    - (B) contributes to the effective conduct of public business, and
    - (C) facilitates and encourages the amicable settlements of disputes between [employees](/usc/5/7103.md?p=a-2) and their employers involving [conditions of employment](/usc/5/7103.md?p=a-14); and
  - (2) the public interest demands the highest standards of [employee](/usc/5/7103.md?p=a-2) performance and the continued development and implementation of modern and progressive work practices to facilitate and improve [employee](/usc/5/7103.md?p=a-2) performance and the efficient accomplishment of the operations of the Government.

  Therefore, [labor organizations](/usc/5/7103.md?p=a-4) and collective bargaining in the civil [service](/usc/5/8331.md?p=12) are in the public interest.

- (b) It is the purpose of this chapter to prescribe certain rights and obligations of the [employees](/usc/5/7103.md?p=a-2) of the Federal Government and to establish procedures which are designed to meet the special requirements and needs of the Government. The provisions of this chapter should be interpreted in a manner consistent with the requirement of an effective and efficient Government.

# §7102. Employees’ rights


Each [employee](/usc/5/7103.md?p=a-2) shall have the right to form, join, or assist any [labor organization](/usc/5/7103.md?p=a-4), or to refrain from any such activity, freely and without fear of penalty or reprisal, and each [employee](/usc/5/7103.md?p=a-2) shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right—

- (1) to act for a [labor organization](/usc/5/7103.md?p=a-4) in the capacity of a representative and the right, in that capacity, to present the views of the [labor organization](/usc/5/7103.md?p=a-4) to heads of [agencies](/usc/5/500.md?p=a-1) and other officials of the [executive branch](/usc/5/13101.md?p=4) of the Government, the Congress, or other appropriate [authorities](/usc/5/7103.md?p=a-6), and
- (2) to engage in collective bargaining with respect to [conditions of employment](/usc/5/7103.md?p=a-14) through representatives chosen by [employees](/usc/5/7103.md?p=a-2) under this chapter.

# §7103. Definitions; application

- (a) For the purpose of this chapter—
  - (1) “person” means an individual, [labor organization](#a-4), or [agency](/usc/5/500.md?p=a-1);
  - (2) “employee” means an individual—
    - (A) employed in an [agency](/usc/5/500.md?p=a-1); or
    - (B) whose employment in an [agency](/usc/5/500.md?p=a-1) has ceased because of any unfair labor practice under [section 7116 of this title](/usc/5/7116.md) and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Federal Labor Relations [Authority](#a-6);

    but does not include—

    - (i) an alien or noncitizen of the [United States](#a-18) who occupies a [position](/usc/5/5531.md?p=2) outside the [United States](#a-18);
    - (ii) a [member](/usc/5/5531.md?p=1) of the [uniformed services](/usc/5/2101.md?p=3);
    - (iii) a [supervisor](#a-10) or a [management official](#a-11);
    - (iv) an officer or [employee](#a-2) in the Foreign [Service](/usc/5/8331.md?p=12) of the [United States](#a-18) employed in the Department of State, the International Communication [Agency](/usc/5/500.md?p=a-1), the [Agency](/usc/5/500.md?p=a-1) for International Development, the Department of Agriculture, or the Department of Commerce; or
    - (v) any [person](#a-1) who participates in a strike in violation of [section 7311 of this title](/usc/5/7311.md);
  - (3) “[agency](/usc/5/500.md?p=a-1)” means an [Executive agency](/usc/5/3330d.md?p=a-2-A) (including a [nonappropriated fund instrumentality](/usc/5/5595.md?p=h-6-C) described in [section 2105(c) of this title](/usc/5/2105.md?p=c) and the [Veterans](/usc/5/2108.md?p=1)’ Canteen [Service](/usc/5/8331.md?p=12), Department of Veterans Affairs), the Library of Congress, the Government Publishing Office, and the Smithsonian Institution[^1] but does not include—
    - (A) the Government Accountability Office;
    - (B) the Federal Bureau of Investigation;
    - (C) the Central Intelligence [Agency](/usc/5/500.md?p=a-1);
    - (D) the National Security [Agency](/usc/5/500.md?p=a-1);
    - (E) the Tennessee Valley [Authority](#a-6);
    - (F) the Federal Labor Relations [Authority](#a-6);
    - (G) the Federal [Service](/usc/5/8331.md?p=12) Impasses [Panel](#a-7); or
    - (H) the [United States](#a-18) Secret [Service](/usc/5/8331.md?p=12) and the [United States](#a-18) Secret [Service](/usc/5/8331.md?p=12) Uniformed Division.
  - (4) “labor organization” means an organization composed in whole or in part of [employees](#a-2), in which [employees](#a-2) participate and pay [dues](#a-5), and which has as a purpose the dealing with an [agency](/usc/5/500.md?p=a-1) concerning [grievances](#a-9) and [conditions of employment](#a-14), but does not include—
    - (A) an organization which, by its constitution, bylaws, tacit agreement among its [members](/usc/5/5531.md?p=1), or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil [service](/usc/5/8331.md?p=12) status, political affiliation, marital status, or handicapping condition;
    - (B) an organization which advocates the overthrow of the constitutional form of government of the [United States](#a-18);
    - (C) an organization sponsored by an [agency](/usc/5/500.md?p=a-1); or
    - (D) an organization which participates in the conduct of a strike against the Government or any [agency](/usc/5/500.md?p=a-1) thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike;
  - (5) “dues” means dues, fees, and assessments;
  - (6) “Authority” means the Federal Labor Relations Authority described in [section 7104(a) of this title](/usc/5/7104.md?p=a);
  - (7) “Panel” means the Federal [Service](/usc/5/8331.md?p=12) Impasses Panel described in [section 7119(c) of this title](/usc/5/7119.md?p=c);
  - (8) “collective bargaining agreement” means an agreement entered into as a result of collective bargaining pursuant to the provisions of this chapter;
  - (9) “grievance” means any complaint—
    - (A) by any [employee](#a-2) concerning any matter relating to the employment of the [employee](#a-2);
    - (B) by any [labor organization](#a-4) concerning any matter relating to the employment of any [employee](#a-2); or
    - (C) by any [employee](#a-2), [labor organization](#a-4), or [agency](/usc/5/500.md?p=a-1) concerning—
      - (i) the effect or interpretation, or a claim of breach, of a [collective bargaining agreement](#a-8); or
      - (ii) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting [conditions of employment](#a-14);
  - (10) “supervisor” means an individual employed by an [agency](/usc/5/500.md?p=a-1) having [authority](#a-6) in the interest of the [agency](/usc/5/500.md?p=a-1) to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove [employees](#a-2), to adjust their [grievances](#a-9), or to effectively recommend such action, if the exercise of the [authority](#a-6) is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, except that, with respect to any unit which includes [firefighters](#a-17) or nurses, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such [authority](#a-6);
  - (11) “management official” means an individual employed by an [agency](/usc/5/500.md?p=a-1) in a [position](/usc/5/5531.md?p=2) the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the [agency](/usc/5/500.md?p=a-1);
  - (12) “collective bargaining” means the performance of the mutual obligation of the representative of an [agency](/usc/5/500.md?p=a-1) and the [exclusive representative](#a-16) of [employees](#a-2) in an appropriate unit in the [agency](/usc/5/500.md?p=a-1) to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the [conditions of employment](#a-14) affecting such [employees](#a-2) and to execute, if requested by either party, a written document incorporating any [collective bargaining agreement](#a-8) reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession;
  - (13) “confidential employee” means an [employee](#a-2) who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations;
  - (14) “conditions of employment” means personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters—
    - (A) relating to political activities prohibited under subchapter III of [chapter 73](/usc/5/chptIII-sptF-ch73.md) of this title;
    - (B) relating to the classification of any [position](/usc/5/5531.md?p=2); or
    - (C) to the extent such matters are specifically provided for by Federal statute;
  - (15) “professional employee” means—
    - (A) an [employee](#a-2) engaged in the performance of work—
      - (i) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, mechanical, or physical activities);
      - (ii) requiring the consistent exercise of discretion and judgment in its performance;
      - (iii) which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and
      - (iv) which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or
    - (B) an [employee](#a-2) who has completed the courses of specialized intellectual instruction and study described in subparagraph (A)(i) of this paragraph and is performing related work under appropriate direction or guidance to qualify the [employee](#a-2) as a [professional employee](#a-15) described in subparagraph (A) of this paragraph;
  - (16) “exclusive representative” means any [labor organization](#a-4) which—
    - (A) is certified as the [exclusive representative](#a-16) of [employees](#a-2) in an appropriate unit pursuant to [section 7111 of this title](/usc/5/7111.md); or
    - (B) was recognized by an [agency](/usc/5/500.md?p=a-1) immediately before the effective date of this chapter as the [exclusive representative](#a-16) of [employees](#a-2) in an appropriate unit—
      - (i) on the basis of an election, or
      - (ii) on any basis other than an election,

      and continues to be so recognized in accordance with the provisions of this chapter;

  - (17) “firefighter” means any [employee](#a-2) engaged in the performance of work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; and
  - (18) “United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.
- (b)
  - (1) The President may issue an order excluding any [agency](/usc/5/500.md?p=a-1) or subdivision thereof from coverage under this chapter if the President determines that—
    - (A) the [agency](/usc/5/500.md?p=a-1) or subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and
    - (B) the provisions of this chapter cannot be applied to that [agency](/usc/5/500.md?p=a-1) or subdivision in a manner consistent with national security requirements and considerations.
  - (2) The President may issue an order suspending any provision of this chapter with respect to any [agency](/usc/5/500.md?p=a-1), installation, or activity located outside the 50 States and the District of Columbia, if the President determines that the [suspension](/usc/5/7541.md?p=2) is necessary in the interest of national security.

# §7104. Federal Labor Relations Authority

- (a) The Federal Labor Relations [Authority](/usc/5/7103.md?p=a-6) is composed of three [members](/usc/5/5531.md?p=1), not more than 2 of whom may be adherents of the same political party. No [member](/usc/5/5531.md?p=1) shall engage in any other business or employment or hold another office or [position](/usc/5/5531.md?p=2) in the Government of the [United States](/usc/5/7103.md?p=a-18) except as otherwise provided by law.
- (b) [Members](/usc/5/5531.md?p=1) of the [Authority](/usc/5/7103.md?p=a-6) shall be appointed by the President by and with the advice and consent of the Senate, and may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The President shall designate one [member](/usc/5/5531.md?p=1) to serve as Chairman of the [Authority](/usc/5/7103.md?p=a-6). The Chairman is the chief executive and administrative officer of the [Authority](/usc/5/7103.md?p=a-6).
- (c) A [member](/usc/5/5531.md?p=1) of the [Authority](/usc/5/7103.md?p=a-6) shall be appointed for a term of 5 years. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the [member](/usc/5/5531.md?p=1) replaced. The term of any [member](/usc/5/5531.md?p=1) shall not expire before the earlier of—
  - (1) the date on which the [member](/usc/5/5531.md?p=1)’s successor takes office, or
  - (2) the last day of the Congress beginning after the date on which the [member](/usc/5/5531.md?p=1)’s term of office would (but for this paragraph) expire.
- (d) A vacancy in the [Authority](/usc/5/7103.md?p=a-6) shall not impair the right of the remaining [members](/usc/5/5531.md?p=1) to exercise all of the powers of the [Authority](/usc/5/7103.md?p=a-6).
- (e) The [Authority](/usc/5/7103.md?p=a-6) shall make an annual report to the President for transmittal to the Congress which shall include information as to the cases it has heard and the decisions it has rendered.
- (f)
  - (1) The General Counsel of the [Authority](/usc/5/7103.md?p=a-6) shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel may be removed at any time by the President. The General Counsel shall hold no other office or [position](/usc/5/5531.md?p=2) in the Government of the [United States](/usc/5/7103.md?p=a-18) except as provided by law.
  - (2) The General Counsel may—
    - (A) investigate alleged unfair labor practices under this chapter,
    - (B) file and prosecute complaints under this chapter, and
    - (C) exercise such other powers of the [Authority](/usc/5/7103.md?p=a-6) as the [Authority](/usc/5/7103.md?p=a-6) may prescribe.
  - (3) The General Counsel shall have direct [authority](/usc/5/7103.md?p=a-6) over, and responsibility for, all [employees](/usc/5/7103.md?p=a-2) in the office of General Counsel, including [employees](/usc/5/7103.md?p=a-2) of the General Counsel in the regional offices of the [Authority](/usc/5/7103.md?p=a-6).

# §7105. Powers and duties of the Authority

- (a)
  - (1) The [Authority](/usc/5/7103.md?p=a-6) shall provide leadership in establishing policies and guidance relating to matters under this chapter, and, except as otherwise provided, shall be responsible for carrying out the purpose of this chapter.
  - (2) The [Authority](/usc/5/7103.md?p=a-6) shall, to the extent provided in this chapter and in accordance with regulations prescribed by the [Authority](/usc/5/7103.md?p=a-6)—
    - (A) determine the appropriateness of units for [labor organization](/usc/5/7103.md?p=a-4) representation under [section 7112 of this title](/usc/5/7112.md);
    - (B) supervise or conduct elections to determine whether a [labor organization](/usc/5/7103.md?p=a-4) has been selected as an [exclusive representative](/usc/5/7103.md?p=a-16) by a majority of the [employees](/usc/5/7103.md?p=a-2) in an appropriate unit and otherwise administer the provisions of [section 7111 of this title](/usc/5/7111.md) relating to the according of exclusive recognition to [labor organizations](/usc/5/7103.md?p=a-4);
    - (C) prescribe criteria and resolve issues relating to the granting of national consultation rights under [section 7113 of this title](/usc/5/7113.md);
    - (D) prescribe criteria and resolve issues relating to determining compelling need for [agency](/usc/5/500.md?p=a-1) rules or regulations under [section 7117(b) of this title](/usc/5/7117.md?p=b);
    - (E) resolves issues relating to the duty to bargain in good faith under [section 7117(c) of this title](/usc/5/7117.md?p=c);
    - (F) prescribe criteria relating to the granting of consultation rights with respect to [conditions of employment](/usc/5/7103.md?p=a-14) under [section 7117(d) of this title](/usc/5/7117.md?p=d);
    - (G) conduct hearings and resolve complaints of unfair labor practices under [section 7118 of this title](/usc/5/7118.md);
    - (H) resolve exceptions to arbitrator’s awards under [section 7122 of this title](/usc/5/7122.md); and
    - (I) take such other actions as are necessary and appropriate to effectively administer the provisions of this chapter.
- (b) The [Authority](/usc/5/7103.md?p=a-6) shall adopt an official seal which shall be judicially noticed.
- (c) The principal office of the [Authority](/usc/5/7103.md?p=a-6) shall be in or about the District of Columbia, but the [Authority](/usc/5/7103.md?p=a-6) may meet and exercise any or all of its powers at any time or place. Except as otherwise expressly provided by law, the [Authority](/usc/5/7103.md?p=a-6) may, by one or more of its [members](/usc/5/5531.md?p=1) or by such agents as it may designate, make any appropriate inquiry necessary to carry out its duties wherever [persons](/usc/5/7103.md?p=a-1) subject to this chapter are located. Any [member](/usc/5/5531.md?p=1) who participates in the inquiry shall not be disqualified from later participating in a decision of the [Authority](/usc/5/7103.md?p=a-6) in any case relating to the inquiry.
- (d) The [Authority](/usc/5/7103.md?p=a-6) shall appoint an Executive Director and such regional directors, administrative law judges under [section 3105 of this title](/usc/5/3105.md), and other individuals as it may from time to time find necessary for the proper performance of its functions. The [Authority](/usc/5/7103.md?p=a-6) may delegate to officers and [employees](/usc/5/7103.md?p=a-2) appointed under this subsection [authority](/usc/5/7103.md?p=a-6) to perform such duties and make such expenditures as may be necessary.
- (e)
  - (1) The [Authority](/usc/5/7103.md?p=a-6) may delegate to any regional director its [authority](/usc/5/7103.md?p=a-6) under this chapter—
    - (A) to determine whether a group of [employees](/usc/5/7103.md?p=a-2) is an appropriate unit;
    - (B) to conduct investigations and to provide for hearings;
    - (C) to determine whether a question of representation exists and to direct an election; and
    - (D) to supervise or conduct secret ballot elections and certify the results thereof.
  - (2) The [Authority](/usc/5/7103.md?p=a-6) may delegate to any administrative law judge appointed under [subsection (d)](#d) of this section its [authority](/usc/5/7103.md?p=a-6) under [section 7118 of this title](/usc/5/7118.md) to determine whether any [person](/usc/5/7103.md?p=a-1) has engaged in or is engaging in an unfair labor practice.
- (f) If the [Authority](/usc/5/7103.md?p=a-6) delegates any [authority](/usc/5/7103.md?p=a-6) to any regional director or administrative law judge to take any action pursuant to [subsection (e)](#e) of this section, the [Authority](/usc/5/7103.md?p=a-6) may, upon application by any interested [person](/usc/5/7103.md?p=a-1) filed within 60 days after the date of the action, review such action, but the review shall not, unless specifically ordered by the [Authority](/usc/5/7103.md?p=a-6), operate as a stay of action. The [Authority](/usc/5/7103.md?p=a-6) may affirm, modify, or reverse any action reviewed under this subsection. If the [Authority](/usc/5/7103.md?p=a-6) does not undertake to grant review of the action under this subsection within 60 days after the later of—
  - (1) the date of the action; or
  - (2) the date of the filing of any application under this subsection for review of the action;

  the action shall become the action of the [Authority](/usc/5/7103.md?p=a-6) at the end of such 60-day period.

- (g) In order to carry out its functions under this chapter, the [Authority](/usc/5/7103.md?p=a-6) may—
  - (1) hold hearings;
  - (2) administer oaths, take the testimony or deposition of any [person](/usc/5/7103.md?p=a-1) under oath, and issue subpenas as provided in [section 7132 of this title](/usc/5/7132.md); and
  - (3) may require an [agency](/usc/5/500.md?p=a-1) or a [labor organization](/usc/5/7103.md?p=a-4) to cease and desist from violations of this chapter and require it to take any remedial action it considers appropriate to carry out the policies of this chapter.
- (h) Except as provided in [section 518 of title 28](/usc/28/518.md), relating to litigation before the Supreme Court, attorneys designated by the [Authority](/usc/5/7103.md?p=a-6) may appear for the [Authority](/usc/5/7103.md?p=a-6) and represent the [Authority](/usc/5/7103.md?p=a-6) in any civil action brought in connection with any function carried out by the [Authority](/usc/5/7103.md?p=a-6) pursuant to this title or as otherwise authorized by law.
- (i) In the exercise of the functions of the [Authority](/usc/5/7103.md?p=a-6) under this title, the [Authority](/usc/5/7103.md?p=a-6) may request from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or policy directives issued by the Office of Personnel Management in connection with any matter before the [Authority](/usc/5/7103.md?p=a-6).

# §7106. Management rights

- (a) Subject to [subsection (b)](#b) of this section, nothing in this chapter shall affect the [authority](/usc/5/7103.md?p=a-6) of any [management official](/usc/5/7103.md?p=a-11) of any [agency](/usc/5/500.md?p=a-1)—
  - (1) to determine the mission, budget, organization, number of [employees](/usc/5/7103.md?p=a-2), and internal security practices of the [agency](/usc/5/500.md?p=a-1); and
  - (2) in accordance with applicable laws—
    - (A) to hire, assign, direct, layoff, and retain [employees](/usc/5/7103.md?p=a-2) in the [agency](/usc/5/500.md?p=a-1), or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such [employees](/usc/5/7103.md?p=a-2);
    - (B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which [agency](/usc/5/500.md?p=a-1) operations shall be conducted;
    - (C) with respect to filling [positions](/usc/5/5531.md?p=2), to make selections for appointments from—
      - (i) among properly ranked and certified candidates for promotion; or
      - (ii) any other appropriate source; and
    - (D) to take whatever actions may be necessary to carry out the [agency](/usc/5/500.md?p=a-1) mission during emergencies.
- (b) Nothing in this section shall preclude any [agency](/usc/5/500.md?p=a-1) and any [labor organization](/usc/5/7103.md?p=a-4) from negotiating—
  - (1) at the election of the [agency](/usc/5/500.md?p=a-1), on the numbers, types, and grades of [employees](/usc/5/7103.md?p=a-2) or [positions](/usc/5/5531.md?p=2) assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
  - (2) procedures which [management officials](/usc/5/7103.md?p=a-11) of the [agency](/usc/5/500.md?p=a-1) will observe in exercising any [authority](/usc/5/7103.md?p=a-6) under this section; or
  - (3) appropriate arrangements for [employees](/usc/5/7103.md?p=a-2) adversely affected by the exercise of any [authority](/usc/5/7103.md?p=a-6) under this section by such [management officials](/usc/5/7103.md?p=a-11).

# §7111. Exclusive recognition of labor organizations

- (a) An [agency](/usc/5/500.md?p=a-1) shall accord exclusive recognition to a [labor organization](/usc/5/7103.md?p=a-4) if the organization has been selected as the representative, in a secret ballot election, by a majority of the [employees](/usc/5/7103.md?p=a-2) in an appropriate unit who cast valid ballots in the election.
- (b) If a petition is filed with the [Authority](/usc/5/7103.md?p=a-6)—
  - (1) by any [person](/usc/5/7103.md?p=a-1) alleging—
    - (A) in the case of an appropriate unit for which there is no [exclusive representative](/usc/5/7103.md?p=a-16), that 30 percent of the [employees](/usc/5/7103.md?p=a-2) in the appropriate unit wish to be represented for the purpose of collective bargaining by an [exclusive representative](/usc/5/7103.md?p=a-16), or
    - (B) in the case of an appropriate unit for which there is an [exclusive representative](/usc/5/7103.md?p=a-16), that 30 percent of the [employees](/usc/5/7103.md?p=a-2) in the unit allege that the [exclusive representative](/usc/5/7103.md?p=a-16) is no longer the representative of the majority of the [employees](/usc/5/7103.md?p=a-2) in the unit; or
  - (2) by any [person](/usc/5/7103.md?p=a-1) seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation;

  the [Authority](/usc/5/7103.md?p=a-6) 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 [Authority](/usc/5/7103.md?p=a-6) finds on the record of the hearing that a question of representation exists, the [Authority](/usc/5/7103.md?p=a-6) 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 appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held.

- (c) A [labor organization](/usc/5/7103.md?p=a-4) which—
  - (1) has been designated by at least 10 percent of the [employees](/usc/5/7103.md?p=a-2) in the unit specified in any petition filed pursuant to [subsection (b)](#b) of this section;
  - (2) has submitted a valid copy of a current or recently expired [collective bargaining agreement](/usc/5/7103.md?p=a-8) for the unit; or
  - (3) has submitted other evidence that it is the [exclusive representative](/usc/5/7103.md?p=a-16) of the [employees](/usc/5/7103.md?p=a-2) involved;

  may intervene with respect to a petition filed pursuant to [subsection (b)](#b) of this section and shall be placed on the ballot of any election under such [subsection (b)](#b) with respect to the petition.

- (d) The [Authority](/usc/5/7103.md?p=a-6) shall determine who is eligible to vote in any election under this section and shall establish rules governing any such election, which shall include rules allowing [employees](/usc/5/7103.md?p=a-2) eligible to vote the opportunity to choose—
  - (1) from [labor organizations](/usc/5/7103.md?p=a-4) on the ballot, that [labor organization](/usc/5/7103.md?p=a-4) which the [employees](/usc/5/7103.md?p=a-2) wish to have represent them; or
  - (2) not to be represented by a [labor organization](/usc/5/7103.md?p=a-4).

  In any election in which no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted between the two choices receiving the highest number of votes. A [labor organization](/usc/5/7103.md?p=a-4) which receives the majority of the votes cast in an election shall be certified by the [Authority](/usc/5/7103.md?p=a-6) as the [exclusive representative](/usc/5/7103.md?p=a-16).

- (e) A [labor organization](/usc/5/7103.md?p=a-4) seeking exclusive recognition shall submit to the [Authority](/usc/5/7103.md?p=a-6) and the [agency](/usc/5/500.md?p=a-1) involved a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives.
- (f) Exclusive recognition shall not be accorded to a [labor organization](/usc/5/7103.md?p=a-4)—
  - (1) if the [Authority](/usc/5/7103.md?p=a-6) determines that the [labor organization](/usc/5/7103.md?p=a-4) is subject to corrupt influences or influences opposed to democratic principles;
  - (2) in the case of a petition filed pursuant to [subsection (b)(1)(A)](#b-1-A) of this section, if there is not credible evidence that at least 30 percent of the [employees](/usc/5/7103.md?p=a-2) in the unit specified in the petition wish to be represented for the purpose of collective bargaining by the [labor organization](/usc/5/7103.md?p=a-4) seeking exclusive recognition;
  - (3) if there is then in effect a lawful written [collective bargaining agreement](/usc/5/7103.md?p=a-8) between the [agency](/usc/5/500.md?p=a-1) involved and an [exclusive representative](/usc/5/7103.md?p=a-16) (other than the [labor organization](/usc/5/7103.md?p=a-4) seeking exclusive recognition) covering any [employees](/usc/5/7103.md?p=a-2) included in the unit specified in the petition, unless—
    - (A) the [collective bargaining agreement](/usc/5/7103.md?p=a-8) has been in effect for more than 3 years, or
    - (B) the petition for exclusive recognition is filed not more than 105 days and not less than 60 days before the expiration date of the [collective bargaining agreement](/usc/5/7103.md?p=a-8); or
  - (4) if the [Authority](/usc/5/7103.md?p=a-6) has, within the previous 12 calendar months, conducted a secret ballot election for the unit described in any petition under this section and in such election a majority of the [employees](/usc/5/7103.md?p=a-2) voting chose a [labor organization](/usc/5/7103.md?p=a-4) for certification as the unit’s [exclusive representative](/usc/5/7103.md?p=a-16).
- (g) 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 [Authority](/usc/5/7103.md?p=a-6).

# §7112. Determination of appropriate units for labor organization representation

- (a) The [Authority](/usc/5/7103.md?p=a-6) shall determine the appropriateness of any unit. The [Authority](/usc/5/7103.md?p=a-6) shall determine in each case whether, in order to ensure [employees](/usc/5/7103.md?p=a-2) the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an [agency](/usc/5/500.md?p=a-1), plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the [employees](/usc/5/7103.md?p=a-2) in the unit and will promote effective dealings with, and efficiency of the operations of the [agency](/usc/5/500.md?p=a-1) involved.
- (b) A unit shall not be determined to be appropriate under this section solely on the basis of the extent to which [employees](/usc/5/7103.md?p=a-2) in the proposed unit have organized, nor shall a unit be determined to be appropriate if it includes—
  - (1) except as provided under [section 7135(a)(2) of this title](/usc/5/7135.md?p=a-2), any [management official](/usc/5/7103.md?p=a-11) or [supervisor](/usc/5/7103.md?p=a-10);
  - (2) a [confidential employee](/usc/5/7103.md?p=a-13);
  - (3) an [employee](/usc/5/7103.md?p=a-2) engaged in personnel work in other than a purely clerical capacity;
  - (4) an [employee](/usc/5/7103.md?p=a-2) engaged in administering the provisions of this chapter;
  - (5) both [professional employees](/usc/5/7103.md?p=a-15) and other [employees](/usc/5/7103.md?p=a-2), unless a majority of the [professional employees](/usc/5/7103.md?p=a-15) vote for inclusion in the unit;
  - (6) any [employee](/usc/5/7103.md?p=a-2) engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; or
  - (7) any [employee](/usc/5/7103.md?p=a-2) primarily engaged in investigation or audit functions relating to the work of individuals employed by an [agency](/usc/5/500.md?p=a-1) whose duties directly affect the internal security of the [agency](/usc/5/500.md?p=a-1), but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity.
- (c) Any [employee](/usc/5/7103.md?p=a-2) who is engaged in administering any provision of law relating to labor-management relations may not be represented by a [labor organization](/usc/5/7103.md?p=a-4)—
  - (1) which represents other individuals to whom such provision applies; or
  - (2) which is affiliated directly or indirectly with an organization which represents other individuals to whom such provision applies.
- (d) Two or more units which are in an [agency](/usc/5/500.md?p=a-1) and for which a [labor organization](/usc/5/7103.md?p=a-4) is the [exclusive representative](/usc/5/7103.md?p=a-16) may, upon petition by the [agency](/usc/5/500.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4), be consolidated with or without an election into a single larger unit if the [Authority](/usc/5/7103.md?p=a-6) considers the larger unit to be appropriate. The [Authority](/usc/5/7103.md?p=a-6) shall certify the [labor organization](/usc/5/7103.md?p=a-4) as the [exclusive representative](/usc/5/7103.md?p=a-16) of the new larger unit.

# §7113. National consultation rights

- (a) If, in connection with any [agency](/usc/5/500.md?p=a-1), no [labor organization](/usc/5/7103.md?p=a-4) has been accorded exclusive recognition on an [agency](/usc/5/500.md?p=a-1) basis, a [labor organization](/usc/5/7103.md?p=a-4) which is the [exclusive representative](/usc/5/7103.md?p=a-16) of a substantial number of the [employees](/usc/5/7103.md?p=a-2) of the [agency](/usc/5/500.md?p=a-1), as determined in accordance with criteria prescribed by the [Authority](/usc/5/7103.md?p=a-6), shall be granted national consultation rights by the [agency](/usc/5/500.md?p=a-1). National consultation rights shall terminate when the [labor organization](/usc/5/7103.md?p=a-4) no longer meets the criteria prescribed by the [Authority](/usc/5/7103.md?p=a-6). Any issue relating to any [labor organization](/usc/5/7103.md?p=a-4)’s eligibility for, or continuation of, national consultation rights shall be subject to determination by the [Authority](/usc/5/7103.md?p=a-6).
- (b)
  - (1) Any [labor organization](/usc/5/7103.md?p=a-4) having national consultation rights in connection with any [agency](/usc/5/500.md?p=a-1) under [subsection (a)](#a) of this section shall—
    - (A) be informed of any substantive change in [conditions of employment](/usc/5/7103.md?p=a-14) proposed by the [agency](/usc/5/500.md?p=a-1), and
    - (B) be permitted reasonable time to present its views and recommendations regarding the changes.
  - (2) If any views or recommendations are presented under paragraph (1) of this subsection to an [agency](/usc/5/500.md?p=a-1) by any [labor organization](/usc/5/7103.md?p=a-4)—
    - (A) the [agency](/usc/5/500.md?p=a-1) shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and
    - (B) the [agency](/usc/5/500.md?p=a-1) shall provide the [labor organization](/usc/5/7103.md?p=a-4) a written statement of the reasons for taking the final action.
- (c) Nothing in this section shall be construed to limit the right of any [agency](/usc/5/500.md?p=a-1) or [exclusive representative](/usc/5/7103.md?p=a-16) to engage in collective bargaining.

# §7114. Representation rights and duties

- (a)
  - (1) A [labor organization](/usc/5/7103.md?p=a-4) which has been accorded exclusive recognition is the [exclusive representative](/usc/5/7103.md?p=a-16) of the [employees](/usc/5/7103.md?p=a-2) in the unit it represents and is entitled to act for, and negotiate [collective bargaining agreements](/usc/5/7103.md?p=a-8) covering, all [employees](/usc/5/7103.md?p=a-2) in the unit. An [exclusive representative](/usc/5/7103.md?p=a-16) is responsible for representing the interests of all [employees](/usc/5/7103.md?p=a-2) in the unit it represents without discrimination and without regard to [labor organization](/usc/5/7103.md?p=a-4) membership.
  - (2) An [exclusive representative](/usc/5/7103.md?p=a-16) of an appropriate unit in an [agency](/usc/5/500.md?p=a-1) shall be given the opportunity to be represented at—
    - (A) any formal discussion between one or more representatives of the [agency](/usc/5/500.md?p=a-1) and one or more [employees](/usc/5/7103.md?p=a-2) in the unit or their representatives concerning any [grievance](/usc/5/7103.md?p=a-9) or any personnel policy or practices or other general condition of employment; or
    - (B) any examination of an [employee](/usc/5/7103.md?p=a-2) in the unit by a representative of the [agency](/usc/5/500.md?p=a-1) in connection with an investigation if—
      - (i) the [employee](/usc/5/7103.md?p=a-2) reasonably believes that the examination may result in disciplinary action against the [employee](/usc/5/7103.md?p=a-2); and
      - (ii) the [employee](/usc/5/7103.md?p=a-2) requests representation.
  - (3) Each [agency](/usc/5/500.md?p=a-1) shall annually inform its [employees](/usc/5/7103.md?p=a-2) of their rights under paragraph (2)(B) of this subsection.
  - (4) Any [agency](/usc/5/500.md?p=a-1) and any [exclusive representative](/usc/5/7103.md?p=a-16) in any appropriate unit in the [agency](/usc/5/500.md?p=a-1), through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a [collective bargaining agreement](/usc/5/7103.md?p=a-8). In addition, the [agency](/usc/5/500.md?p=a-1) and the [exclusive representative](/usc/5/7103.md?p=a-16) may determine appropriate techniques, consistent with the provisions of [section 7119 of this title](/usc/5/7119.md), to assist in any negotiation.
  - (5) The rights of an [exclusive representative](/usc/5/7103.md?p=a-16) under the provisions of this subsection shall not be construed to preclude an [employee](/usc/5/7103.md?p=a-2) from—
    - (A) being represented by an attorney or other representative, other than the [exclusive representative](/usc/5/7103.md?p=a-16), of the [employee](/usc/5/7103.md?p=a-2)’s own choosing in any [grievance](/usc/5/7103.md?p=a-9) or appeal action; or
    - (B) exercising [grievance](/usc/5/7103.md?p=a-9) or appellate rights established by law, rule, or regulation;

    except in the case of [grievance](/usc/5/7103.md?p=a-9) or appeal procedures negotiated under this chapter.

- (b) The duty of an [agency](/usc/5/500.md?p=a-1) and an [exclusive representative](/usc/5/7103.md?p=a-16) to negotiate in good faith under [subsection (a)](#a) of this section shall include the obligation—
  - (1) to approach the negotiations with a sincere resolve to reach a [collective bargaining agreement](/usc/5/7103.md?p=a-8);
  - (2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment;
  - (3) to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays;
  - (4) in the case of an [agency](/usc/5/500.md?p=a-1), to furnish to the [exclusive representative](/usc/5/7103.md?p=a-16) involved, or its authorized representative, upon request and, to the extent not prohibited by law, data—
    - (A) which is normally maintained by the [agency](/usc/5/500.md?p=a-1) in the regular course of business;
    - (B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and
    - (C) which does not constitute guidance, advice, counsel, or training provided for [management officials](/usc/5/7103.md?p=a-11) or [supervisors](/usc/5/7103.md?p=a-10), relating to collective bargaining; and
  - (5) if agreement is reached, to execute on the request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement.
- (c)
  - (1) An agreement between any [agency](/usc/5/500.md?p=a-1) and an [exclusive representative](/usc/5/7103.md?p=a-16) shall be subject to approval by the head of the [agency](/usc/5/500.md?p=a-1).
  - (2) The head of the [agency](/usc/5/500.md?p=a-1) shall approve the agreement within 30 days from the date the agreement is executed if the agreement is in accordance with the provisions of this chapter and any other applicable law, rule, or regulation (unless the [agency](/usc/5/500.md?p=a-1) has granted an exception to the provision).
  - (3) If the head of the [agency](/usc/5/500.md?p=a-1) does not approve or disapprove the agreement within the 30-day period, the agreement shall take effect and shall be binding on the [agency](/usc/5/500.md?p=a-1) and the [exclusive representative](/usc/5/7103.md?p=a-16) subject to the provisions of this chapter and any other applicable law, rule, or regulation.
  - (4) A local agreement subject to a national or other controlling agreement at a higher level shall be approved under the procedures of the controlling agreement or, if none, under regulations prescribed by the [agency](/usc/5/500.md?p=a-1).

# §7115. Allotments to representatives

- (a) If an [agency](/usc/5/500.md?p=a-1) has received from an [employee](/usc/5/7103.md?p=a-2) in an appropriate unit a written assignment which authorizes the [agency](/usc/5/500.md?p=a-1) to deduct from the pay of the [employee](/usc/5/7103.md?p=a-2) amounts for the payment of regular and periodic [dues](/usc/5/7103.md?p=a-5) of the [exclusive representative](/usc/5/7103.md?p=a-16) of the unit, the [agency](/usc/5/500.md?p=a-1) shall honor the assignment and make an appropriate allotment pursuant to the assignment. Any such allotment shall be made at no cost to the [exclusive representative](/usc/5/7103.md?p=a-16) or the [employee](/usc/5/7103.md?p=a-2). Except as provided under [subsection (b)](#b) of this section, any such assignment may not be revoked for a period of 1 year.
- (b) An allotment under [subsection (a)](#a) of this section for the deduction of [dues](/usc/5/7103.md?p=a-5) with respect to any [employee](/usc/5/7103.md?p=a-2) shall terminate when—
  - (1) the agreement between the [agency](/usc/5/500.md?p=a-1) and the [exclusive representative](/usc/5/7103.md?p=a-16) involved ceases to be applicable to the [employee](/usc/5/7103.md?p=a-2); or
  - (2) the [employee](/usc/5/7103.md?p=a-2) is suspended or expelled from membership in the [exclusive representative](/usc/5/7103.md?p=a-16).
- (c)
  - (1) Subject to paragraph (2) of this subsection, if a petition has been filed with the [Authority](/usc/5/7103.md?p=a-6) by a [labor organization](/usc/5/7103.md?p=a-4) alleging that 10 percent of the [employees](/usc/5/7103.md?p=a-2) in an appropriate unit in an [agency](/usc/5/500.md?p=a-1) have membership in the [labor organization](/usc/5/7103.md?p=a-4), the [Authority](/usc/5/7103.md?p=a-6) shall investigate the petition to determine its validity. Upon certification by the [Authority](/usc/5/7103.md?p=a-6) of the validity of the petition, the [agency](/usc/5/500.md?p=a-1) shall have a duty to negotiate with the [labor organization](/usc/5/7103.md?p=a-4) solely concerning the deduction of [dues](/usc/5/7103.md?p=a-5) of the [labor organization](/usc/5/7103.md?p=a-4) from the pay of the [members](/usc/5/5531.md?p=1) of the [labor organization](/usc/5/7103.md?p=a-4) who are [employees](/usc/5/7103.md?p=a-2) in the unit and who make a voluntary allotment for such purpose.
  - (2)
    - (A) The provisions of paragraph (1) of this subsection shall not apply in the case of any appropriate unit for which there is an [exclusive representative](/usc/5/7103.md?p=a-16).
    - (B) Any agreement under paragraph (1) of this subsection between a [labor organization](/usc/5/7103.md?p=a-4) and an [agency](/usc/5/500.md?p=a-1) with respect to an appropriate unit shall be null and void upon the certification of an [exclusive representative](/usc/5/7103.md?p=a-16) of the unit.

# §7116. Unfair labor practices

- (a) For the purpose of this chapter, it shall be an unfair labor practice for an [agency](/usc/5/500.md?p=a-1)—
  - (1) to interfere with, restrain, or coerce any [employee](/usc/5/7103.md?p=a-2) in the exercise by the [employee](/usc/5/7103.md?p=a-2) of any right under this chapter;
  - (2) to encourage or discourage membership in any [labor organization](/usc/5/7103.md?p=a-4) by discrimination in connection with hiring, tenure, promotion, or other [conditions of employment](/usc/5/7103.md?p=a-14);
  - (3) to sponsor, control, or otherwise assist any [labor organization](/usc/5/7103.md?p=a-4), other than to furnish, upon request, customary and routine [services](/usc/5/8331.md?p=12) and facilities if the [services](/usc/5/8331.md?p=12) and facilities are also furnished on an impartial basis to other [labor organizations](/usc/5/7103.md?p=a-4) having equivalent status;
  - (4) to discipline or otherwise discriminate against an [employee](/usc/5/7103.md?p=a-2) because the [employee](/usc/5/7103.md?p=a-2) has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter;
  - (5) to refuse to consult or negotiate in good faith with a [labor organization](/usc/5/7103.md?p=a-4) as required by this chapter;
  - (6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;
  - (7) to enforce any rule or regulation (other than a rule or regulation implementing [section 2302 of this title](/usc/5/2302.md)) which is in conflict with any applicable [collective bargaining agreement](/usc/5/7103.md?p=a-8) if the agreement was in effect before the date the rule or regulation was prescribed; or
  - (8) to otherwise fail or refuse to comply with any provision of this chapter.
- (b) For the purpose of this chapter, it shall be an unfair labor practice for a [labor organization](/usc/5/7103.md?p=a-4)—
  - (1) to interfere with, restrain, or coerce any [employee](/usc/5/7103.md?p=a-2) in the exercise by the [employee](/usc/5/7103.md?p=a-2) of any right under this chapter;
  - (2) to cause or attempt to cause an [agency](/usc/5/500.md?p=a-1) to discriminate against any [employee](/usc/5/7103.md?p=a-2) in the exercise by the [employee](/usc/5/7103.md?p=a-2) of any right under this chapter;
  - (3) to coerce, discipline, fine, or attempt to coerce a [member](/usc/5/5531.md?p=1) of the [labor organization](/usc/5/7103.md?p=a-4) as punishment, reprisal, or for the purpose of hindering or impeding the [member](/usc/5/5531.md?p=1)’s work performance or productivity as an [employee](/usc/5/7103.md?p=a-2) or the discharge of the [member](/usc/5/5531.md?p=1)’s duties as an [employee](/usc/5/7103.md?p=a-2);
  - (4) to discriminate against an [employee](/usc/5/7103.md?p=a-2) with regard to the terms or conditions of membership in the [labor organization](/usc/5/7103.md?p=a-4) on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil [service](/usc/5/8331.md?p=12) status, political affiliation, marital status, or handicapping condition;
  - (5) to refuse to consult or negotiate in good faith with an [agency](/usc/5/500.md?p=a-1) as required by this chapter;
  - (6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;
  - (7)
    - (A) to call, or participate in, a strike, work stoppage, or slowdown, or picketing of an [agency](/usc/5/500.md?p=a-1) in a labor-management dispute if such picketing interferes with an [agency](/usc/5/500.md?p=a-1)’s operations, or
    - (B) to condone any activity described in subparagraph (A) of this paragraph by failing to take action to prevent or stop such activity; or
  - (8) to otherwise fail or refuse to comply with any provision of this chapter.

  Nothing in paragraph (7) of this subsection shall result in any informational picketing which does not interfere with an [agency](/usc/5/500.md?p=a-1)’s operations being considered as an unfair labor practice.

- (c) For the purpose of this chapter it shall be an unfair labor practice for an [exclusive representative](/usc/5/7103.md?p=a-16) to deny membership to any [employee](/usc/5/7103.md?p=a-2) in the appropriate unit represented by such [exclusive representative](/usc/5/7103.md?p=a-16) except for failure—
  - (1) to meet reasonable occupational standards uniformly required for admission, or
  - (2) to tender [dues](/usc/5/7103.md?p=a-5) uniformly required as a condition of acquiring and retaining membership.

  This subsection does not preclude any [labor organization](/usc/5/7103.md?p=a-4) from enforcing discipline in accordance with procedures under its constitution or bylaws to the extent consistent with the provisions of this chapter.

- (d) Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section [7121(e)](/usc/5/7121.md?p=e) and [(f)](/usc/5/7121.md?p=f) of this title, an [employee](/usc/5/7103.md?p=a-2) has an option of using the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure or an appeals procedure, issues which can be raised under a [grievance](/usc/5/7103.md?p=a-9) procedure may, in the discretion of the aggrieved party, be raised under the [grievance](/usc/5/7103.md?p=a-9) procedure or as an unfair labor practice under this section, but not under both procedures.
- (e) The expression of any personal view, argument, opinion or the making of any statement which—
  - (1) publicizes the fact of a representational election and encourages [employees](/usc/5/7103.md?p=a-2) to exercise their right to vote in such election,
  - (2) corrects the record with respect to any false or misleading statement made by any [person](/usc/5/7103.md?p=a-1), or
  - (3) informs [employees](/usc/5/7103.md?p=a-2) of the Government’s policy relating to labor-management relations and representation,

  shall not, if the expression contains no threat of reprisal or force or promise of benefit or was not made under coercive conditions, (A) constitute an unfair labor practice under any provision of this chapter, or (B) constitute grounds for the setting aside of any election conducted under any provisions of this chapter.


# §7117. Duty to bargain in good faith; compelling need; duty to consult

- (a)
  - (1) Subject to paragraph (2) of this subsection, the duty to bargain in good faith shall, to the extent not inconsistent with any Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any rule or regulation only if the rule or regulation is not a Government-wide rule or regulation.
  - (2) The duty to bargain in good faith shall, to the extent not inconsistent with Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any [agency](/usc/5/500.md?p=a-1) rule or regulation referred to in paragraph (3) of this subsection only if the [Authority](/usc/5/7103.md?p=a-6) has determined under [subsection (b)](#b) of this section that no compelling need (as determined under regulations prescribed by the [Authority](/usc/5/7103.md?p=a-6)) exists for the rule or regulation.
  - (3) [Paragraph (2)](#a-2) of the subsection applies to any rule or regulation issued by any [agency](/usc/5/500.md?p=a-1) or issued by any primary national subdivision of such [agency](/usc/5/500.md?p=a-1), unless an [exclusive representative](/usc/5/7103.md?p=a-16) represents an appropriate unit including not less than a majority of the [employees](/usc/5/7103.md?p=a-2) in the issuing [agency](/usc/5/500.md?p=a-1) or primary national subdivision, as the case may be, to whom the rule or regulation is applicable.
- (b)
  - (1) In any case of collective bargaining in which an [exclusive representative](/usc/5/7103.md?p=a-16) alleges that no compelling need exists for any rule or regulation referred to in [subsection (a)(3)](#a-3) of this section which is then in effect and which governs any matter at issue in such collective bargaining, the [Authority](/usc/5/7103.md?p=a-6) shall determine under paragraph (2) of this subsection, in accordance with regulations prescribed by the [Authority](/usc/5/7103.md?p=a-6), whether such a compelling need exists.
  - (2) For the purpose of this section, a compelling need shall be determined not to exist for any rule or regulation only if—
    - (A) the [agency](/usc/5/500.md?p=a-1), or primary national subdivision, as the case may be, which issued the rule or regulation informs the [Authority](/usc/5/7103.md?p=a-6) in writing that a compelling need for the rule or regulation does not exist; or
    - (B) the [Authority](/usc/5/7103.md?p=a-6) determines that a compelling need for a rule or regulation does not exist.
  - (3) A hearing may be held, in the discretion of the [Authority](/usc/5/7103.md?p=a-6), before a determination is made under this subsection. If a hearing is held, it shall be expedited to the extent practicable and shall not include the General Counsel as a party.
  - (4) The [agency](/usc/5/500.md?p=a-1), or primary national subdivision, as the case may be, which issued the rule or regulation shall be a necessary party at any hearing under this subsection.
- (c)
  - (1) Except in any case to which [subsection (b)](#b) of this section applies, if an [agency](/usc/5/500.md?p=a-1) involved in collective bargaining with an [exclusive representative](/usc/5/7103.md?p=a-16) alleges that the duty to bargain in good faith does not extend to any matter, the [exclusive representative](/usc/5/7103.md?p=a-16) may appeal the allegation to the [Authority](/usc/5/7103.md?p=a-6) in accordance with the provisions of this subsection.
  - (2) The [exclusive representative](/usc/5/7103.md?p=a-16) may, on or before the 15th day after the date on which the [agency](/usc/5/500.md?p=a-1) first makes the allegation referred to in paragraph (1) of this subsection, institute an appeal under this subsection by—
    - (A) filing a petition with the [Authority](/usc/5/7103.md?p=a-6); and
    - (B) furnishing a copy of the petition to the head of the [agency](/usc/5/500.md?p=a-1).
  - (3) On or before the 30th day after the date of the receipt by the head of the [agency](/usc/5/500.md?p=a-1) of the copy of the petition under paragraph (2)(B) of this subsection, the [agency](/usc/5/500.md?p=a-1) shall—
    - (A) file with the [Authority](/usc/5/7103.md?p=a-6) a statement—
      - (i) withdrawing the allegation; or
      - (ii) setting forth in full its reasons supporting the allegation; and
    - (B) furnish a copy of such statement to the [exclusive representative](/usc/5/7103.md?p=a-16).
  - (4) On or before the 15th day after the date of the receipt by the [exclusive representative](/usc/5/7103.md?p=a-16) of a copy of a statement under paragraph (3)(B) of this subsection, the [exclusive representative](/usc/5/7103.md?p=a-16) shall file with the [Authority](/usc/5/7103.md?p=a-6) its response to the statement.
  - (5) A hearing may be held, in the discretion of the [Authority](/usc/5/7103.md?p=a-6), before a determination is made under this subsection. If a hearing is held, it shall not include the General Counsel as a party.
  - (6) The [Authority](/usc/5/7103.md?p=a-6) shall expedite proceedings under this subsection to the extent practicable and shall issue to the [exclusive representative](/usc/5/7103.md?p=a-16) and to the [agency](/usc/5/500.md?p=a-1) a written decision on the allegation and specific reasons therefor at the earliest practicable date.
- (d)
  - (1) A [labor organization](/usc/5/7103.md?p=a-4) which is the [exclusive representative](/usc/5/7103.md?p=a-16) of a substantial number of [employees](/usc/5/7103.md?p=a-2), determined in accordance with criteria prescribed by the [Authority](/usc/5/7103.md?p=a-6), shall be granted consultation rights by any [agency](/usc/5/500.md?p=a-1) with respect to any Government-wide rule or regulation issued by the [agency](/usc/5/500.md?p=a-1) effecting any substantive change in any condition of employment. Such consultation rights shall terminate when the [labor organization](/usc/5/7103.md?p=a-4) no longer meets the criteria prescribed by the [Authority](/usc/5/7103.md?p=a-6). Any issue relating to a [labor organization](/usc/5/7103.md?p=a-4)’s eligibility for, or continuation of, such consultation rights shall be subject to determination by the [Authority](/usc/5/7103.md?p=a-6).
  - (2) A [labor organization](/usc/5/7103.md?p=a-4) having consultation rights under paragraph (1) of this subsection shall—
    - (A) be informed of any substantive change in [conditions of employment](/usc/5/7103.md?p=a-14) proposed by the [agency](/usc/5/500.md?p=a-1), and
    - (B) shall be permitted reasonable time to present its views and recommendations regarding the changes.
  - (3) If any views or recommendations are presented under paragraph (2) of this subsection to an [agency](/usc/5/500.md?p=a-1) by any [labor organization](/usc/5/7103.md?p=a-4)—
    - (A) the [agency](/usc/5/500.md?p=a-1) shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and
    - (B) the [agency](/usc/5/500.md?p=a-1) shall provide the [labor organization](/usc/5/7103.md?p=a-4) a written statement of the reasons for taking the final action.

# §7118. Prevention of unfair labor practices

- (a)
  - (1) If any [agency](/usc/5/500.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) is charged by any [person](/usc/5/7103.md?p=a-1) with having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the [agency](/usc/5/500.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to state an unfair labor practice, the General Counsel shall provide the [person](/usc/5/7103.md?p=a-1) making the charge a written statement of the reasons for not issuing a complaint.
  - (2) Any complaint under paragraph (1) of this subsection shall contain a notice—
    - (A) of the charge;
    - (B) that a hearing will be held before the [Authority](/usc/5/7103.md?p=a-6) (or any [member](/usc/5/5531.md?p=1) thereof or before an individual employed by the [authority](/usc/5/7103.md?p=a-6) and designated for such purpose); and
    - (C) of the time and place fixed for the hearing.
  - (3) The [labor organization](/usc/5/7103.md?p=a-4) or [agency](/usc/5/500.md?p=a-1) involved shall have the right to file an answer to the original and any amended complaint and to appear in [person](/usc/5/7103.md?p=a-1) or otherwise and give testimony at the time and place fixed in the complaint for the hearing.
  - (4)
    - (A) Except as provided in subparagraph (B) of this paragraph, no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the [Authority](/usc/5/7103.md?p=a-6).
    - (B) If the General Counsel determines that the [person](/usc/5/7103.md?p=a-1) filing any charge was prevented from filing the charge during the 6-month period referred to in subparagraph (A) of this paragraph by reason of—
      - (i) any failure of the [agency](/usc/5/500.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) against which the charge is made to perform a duty owed to the [person](/usc/5/7103.md?p=a-1), or
      - (ii) any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period,

      the General Counsel may issue a complaint based on the charge if the charge was filed during the 6-month period beginning on the day of the discovery by the [person](/usc/5/7103.md?p=a-1) of the alleged unfair labor practice.

  - (5) The General Counsel may prescribe regulations providing for informal methods by which the alleged unfair labor practice may be resolved prior to the issuance of a complaint.
  - (6) The [Authority](/usc/5/7103.md?p=a-6) (or any [member](/usc/5/5531.md?p=1) thereof or any individual employed by the [Authority](/usc/5/7103.md?p=a-6) and designated for such purpose) shall conduct a hearing on the complaint not earlier than 5 days after the date on which the complaint is served. In the discretion of the individual or individuals conducting the hearing, any [person](/usc/5/7103.md?p=a-1) involved may be allowed to intervene in the hearing and to present testimony. Any such hearing shall, to the extent practicable, be conducted in accordance with the provisions of subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of this title, except that the parties shall not be bound by rules of evidence, whether statutory, common law, or adopted by a court. A transcript shall be kept of the hearing. After such a hearing the [Authority](/usc/5/7103.md?p=a-6), in its discretion, may upon notice receive further evidence or hear argument.
  - (7) If the [Authority](/usc/5/7103.md?p=a-6) (or any [member](/usc/5/5531.md?p=1) thereof or any individual employed by the [Authority](/usc/5/7103.md?p=a-6) and designated for such purpose) determines after any hearing on a complaint under paragraph (5) of this subsection that the preponderance of the evidence received demonstrates that the [agency](/usc/5/500.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) named in the complaint has engaged in or is engaging in an unfair labor practice, then the individual or individuals conducting the hearing shall state in writing their findings of fact and shall issue and cause to be served on the [agency](/usc/5/500.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) an order—
    - (A) to cease and desist from any such unfair labor practice in which the [agency](/usc/5/500.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) is engaged;
    - (B) requiring the parties to renegotiate a [collective bargaining agreement](/usc/5/7103.md?p=a-8) in accordance with the order of the [Authority](/usc/5/7103.md?p=a-6) and requiring that the agreement, as amended, be given retroactive effect;
    - (C) requiring reinstatement of an [employee](/usc/5/7103.md?p=a-2) with backpay in accordance with [section 5596 of this title](/usc/5/5596.md); or
    - (D) including any combination of the actions described in [subparagraphs (A) through (C)](#a-A..a-C) of this paragraph or such other action as will carry out the purpose of this chapter.

    If any such order requires reinstatement of an [employee](/usc/5/7103.md?p=a-2) with backpay, backpay may be required of the [agency](/usc/5/500.md?p=a-1) (as provided in [section 5596 of this title](/usc/5/5596.md)) or of the [labor organization](/usc/5/7103.md?p=a-4), as the case may be, which is found to have engaged in the unfair labor practice involved.

  - (8) If the individual or individuals conducting the hearing determine that the preponderance of the evidence received fails to demonstrate that the [agency](/usc/5/500.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) named in the complaint has engaged in or is engaging in an unfair labor practice, the individual or individuals shall state in writing their findings of fact and shall issue an order dismissing the complaint.
- (b) In connection with any matter before the [Authority](/usc/5/7103.md?p=a-6) in any proceeding under this section, the [Authority](/usc/5/7103.md?p=a-6) may request, in accordance with the provisions of [section 7105(i) of this title](/usc/5/7105.md?p=i), from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or other policy directives issued by the Office of Personnel Management.

# §7119. Negotiation impasses; Federal Service Impasses Panel

- (a) The Federal Mediation and Conciliation [Service](/usc/5/8331.md?p=12) shall provide [services](/usc/5/8331.md?p=12) and assistance to [agencies](/usc/5/500.md?p=a-1) and [exclusive representatives](/usc/5/7103.md?p=a-16) in the resolution of negotiation impasses. The [Service](/usc/5/8331.md?p=12) shall determine under what circumstances and in what manner it shall provide [services](/usc/5/8331.md?p=12) and assistance.
- (b) If voluntary arrangements, including the [services](/usc/5/8331.md?p=12) of the Federal Mediation and Conciliation [Service](/usc/5/8331.md?p=12) or any other third-party mediation, fail to resolve a negotiation impasse—
  - (1) either party may request the Federal [Service](/usc/5/8331.md?p=12) Impasses [Panel](/usc/5/7103.md?p=a-7) to consider the matter, or
  - (2) the parties may agree to adopt a procedure for binding arbitration of the negotiation impasse, but only if the procedure is approved by the [Panel](/usc/5/7103.md?p=a-7).
- (c)
  - (1) The Federal [Service](/usc/5/8331.md?p=12) Impasses [Panel](/usc/5/7103.md?p=a-7) is an entity within the [Authority](/usc/5/7103.md?p=a-6), the function of which is to provide assistance in resolving negotiation impasses between [agencies](/usc/5/500.md?p=a-1) and [exclusive representatives](/usc/5/7103.md?p=a-16).
  - (2) The [Panel](/usc/5/7103.md?p=a-7) shall be composed of a Chairman and at least six other [members](/usc/5/5531.md?p=1), who shall be appointed by the President, solely on the basis of fitness to perform the duties and functions involved, from among individuals who are familiar with Government operations and knowledgeable in labor-management relations.
  - (3) Of the original [members](/usc/5/5531.md?p=1) of the [Panel](/usc/5/7103.md?p=a-7), 2 [members](/usc/5/5531.md?p=1) shall be appointed for a term of 1 year, 2 [members](/usc/5/5531.md?p=1) shall be appointed for a term of 3 years, and the Chairman and the remaining [members](/usc/5/5531.md?p=1) shall be appointed for a term of 5 years. Thereafter each [member](/usc/5/5531.md?p=1) shall be appointed for a term of 5 years, except that an individual chosen to fill a vacancy shall be appointed for the unexpired term of the [member](/usc/5/5531.md?p=1) replaced. Any [member](/usc/5/5531.md?p=1) of the [Panel](/usc/5/7103.md?p=a-7) may be removed by the President.
  - (4) The [Panel](/usc/5/7103.md?p=a-7) may appoint an Executive Director and any other individuals it may from time to time find necessary for the proper performance of its duties. Each [member](/usc/5/5531.md?p=1) of the [Panel](/usc/5/7103.md?p=a-7) who is not an [employee](/usc/5/7103.md?p=a-2) (as defined in [section 2105 of this title](/usc/5/2105.md)) is entitled to pay at a rate equal to the daily equivalent of the maximum annual rate of basic pay then currently paid under the General Schedule for each day he is engaged in the performance of official business of the [Panel](/usc/5/7103.md?p=a-7), including travel time, and is entitled to travel expenses as provided under [section 5703 of this title](/usc/5/5703.md).
  - (5)
    - (A) The [Panel](/usc/5/7103.md?p=a-7) or its designee shall promptly investigate any impasse presented to it under [subsection (b)](#b) of this section. The [Panel](/usc/5/7103.md?p=a-7) shall consider the impasse and shall either—
      - (i) recommend to the parties procedures for the resolution of the impasse; or
      - (ii) assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish the purpose of this section.
    - (B) If the parties do not arrive at a settlement after assistance by the [Panel](/usc/5/7103.md?p=a-7) under subparagraph (A) of this paragraph, the [Panel](/usc/5/7103.md?p=a-7) may—
      - (i) hold hearings;
      - (ii) administer oaths, take the testimony or deposition of any [person](/usc/5/7103.md?p=a-1) under oath, and issue subpenas as provided in [section 7132 of this title](/usc/5/7132.md); and
      - (iii) take whatever action is necessary and not inconsistent with this chapter to resolve the impasse.
    - (C) Notice of any final action of the [Panel](/usc/5/7103.md?p=a-7) under this section shall be promptly served upon the parties, and the action shall be binding on such parties during the term of the agreement, unless the parties agree otherwise.

# §7120. Standards of conduct for labor organizations

- (a) An [agency](/usc/5/500.md?p=a-1) shall only accord recognition to a [labor organization](/usc/5/7103.md?p=a-4) that is free from corrupt influences and influences opposed to basic democratic principles. Except as provided in [subsection (b)](#b) of this section, an organization is not required to prove that it is free from such influences if it is subject to governing requirements adopted by the organization or by a national or international [labor organization](/usc/5/7103.md?p=a-4) or federation of [labor organizations](/usc/5/7103.md?p=a-4) with which it is affiliated, or in which it participates, containing explicit and detailed provisions to which it subscribes calling for—
  - (1) the maintenance of democratic procedures and practices including provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual [members](/usc/5/5531.md?p=1) to participate in the affairs of the organization, to receive fair and equal treatment under the governing rules of the organization, and to receive fair process in disciplinary proceedings;
  - (2) the exclusion from office in the organization of [persons](/usc/5/7103.md?p=a-1) affiliated with communist or other totalitarian movements and [persons](/usc/5/7103.md?p=a-1) identified with corrupt influences;
  - (3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its [members](/usc/5/5531.md?p=1); and
  - (4) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provisions for accounting and financial controls and regular financial reports or summaries to be made available to [members](/usc/5/5531.md?p=1).
- (b) Notwithstanding the fact that a [labor organization](/usc/5/7103.md?p=a-4) has adopted or subscribed to standards of conduct as provided in [subsection (a)](#a) of this section, the organization is required to furnish evidence of its freedom from corrupt influences or influences opposed to basic democratic principles if there is reasonable cause to believe that—
  - (1) the organization has been suspended or expelled from, or is subject to other sanction, by a parent [labor organization](/usc/5/7103.md?p=a-4), or federation of organizations with which it had been affiliated, because it has demonstrated an unwillingness or inability to comply with governing requirements comparable in purpose to those required by [subsection (a)](#a) of this section; or
  - (2) the organization is in fact subject to influences that would preclude recognition under this chapter.
- (c) A [labor organization](/usc/5/7103.md?p=a-4) which has or seeks recognition as a representative of [employees](/usc/5/7103.md?p=a-2) under this chapter shall file financial and other reports with the Assistant Secretary of Labor for Labor Management Relations, provide for bonding of officials and [employees](/usc/5/7103.md?p=a-2) of the organization, and comply with trusteeship and election standards.
- (d) The Assistant Secretary shall prescribe such regulations as are necessary to carry out the purposes of this section. Such regulations shall conform generally to the principles applied to [labor organizations](/usc/5/7103.md?p=a-4) in the private sector. Complaints of violations of this section shall be filed with the Assistant Secretary. In any matter arising under this section, the Assistant Secretary may require a [labor organization](/usc/5/7103.md?p=a-4) to cease and desist from violations of this section and require it to take such actions as he considers appropriate to carry out the policies of this section.
- (e) This chapter does not authorize participation in the management of a [labor organization](/usc/5/7103.md?p=a-4) or acting as a representative of a [labor organization](/usc/5/7103.md?p=a-4) by a [management official](/usc/5/7103.md?p=a-11), a [supervisor](/usc/5/7103.md?p=a-10), or a [confidential employee](/usc/5/7103.md?p=a-13), except as specifically provided in this chapter, or by an [employee](/usc/5/7103.md?p=a-2) if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the [employee](/usc/5/7103.md?p=a-2).
- (f) In the case of any [labor organization](/usc/5/7103.md?p=a-4) which by omission or commission has willfully and intentionally, with regard to any strike, work stoppage, or slowdown, violated [section 7116(b)(7) of this title](/usc/5/7116.md?p=b-7), the [Authority](/usc/5/7103.md?p=a-6) shall, upon an appropriate finding by the [Authority](/usc/5/7103.md?p=a-6) of such violation—
  - (1) revoke the exclusive recognition status of the [labor organization](/usc/5/7103.md?p=a-4), which shall then immediately cease to be legally entitled and obligated to represent [employees](/usc/5/7103.md?p=a-2) in the unit; or
  - (2) take any other appropriate disciplinary action.

# §7121. Grievance procedures

- (a)
  - (1) Except as provided in paragraph (2) of this subsection, any [collective bargaining agreement](/usc/5/7103.md?p=a-8) shall provide procedures for the settlement of [grievances](/usc/5/7103.md?p=a-9), including questions of arbitrability. Except as provided in subsections [(d)](#d), [(e)](#e), and [(g)](#g) of this section, the procedures shall be the exclusive administrative procedures for resolving [grievances](/usc/5/7103.md?p=a-9) which fall within its coverage.
  - (2) Any [collective bargaining agreement](/usc/5/7103.md?p=a-8) may exclude any matter from the application of the [grievance](/usc/5/7103.md?p=a-9) procedures which are provided for in the agreement.
- (b)
  - (1) Any negotiated [grievance](/usc/5/7103.md?p=a-9) procedure referred to in [subsection (a)](#a) of this section shall—
    - (A) be fair and simple,
    - (B) provide for expeditious processing, and
    - (C) include procedures that—
      - (i) assure an [exclusive representative](/usc/5/7103.md?p=a-16) the right, in its own behalf or on behalf of any [employee](/usc/5/7103.md?p=a-2) in the unit represented by the [exclusive representative](/usc/5/7103.md?p=a-16), to present and process [grievances](/usc/5/7103.md?p=a-9);
      - (ii) assure such an [employee](/usc/5/7103.md?p=a-2) the right to present a [grievance](/usc/5/7103.md?p=a-9) on the [employee](/usc/5/7103.md?p=a-2)’s own behalf, and assure the [exclusive representative](/usc/5/7103.md?p=a-16) the right to be present during the [grievance](/usc/5/7103.md?p=a-9) proceeding; and
      - (iii) provide that any [grievance](/usc/5/7103.md?p=a-9) not satisfactorily settled under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure shall be subject to binding arbitration which may be invoked by either the [exclusive representative](/usc/5/7103.md?p=a-16) or the [agency](/usc/5/500.md?p=a-1).
  - (2)
    - (A) The provisions of a negotiated [grievance](/usc/5/7103.md?p=a-9) procedure providing for binding arbitration in accordance with [paragraph (1)(C)(iii)](#b-1-C-iii) shall, if or to the extent that an alleged prohibited personnel practice is involved, allow the arbitrator to order—
      - (i) a stay of any personnel action in a manner similar to the manner described in [section 1221(c)](/usc/5/1221.md?p=c) with respect to the Merit Systems Protection [Board](/usc/5/8401.md?p=5); and
      - (ii) the taking, by an [agency](/usc/5/500.md?p=a-1), of any disciplinary action identified under [section 1215(a)(3)](/usc/5/1215.md?p=a-3) that is otherwise within the [authority](/usc/5/7103.md?p=a-6) of such [agency](/usc/5/500.md?p=a-1) to take.
    - (B) Any [employee](/usc/5/7103.md?p=a-2) who is the subject of any disciplinary action ordered under [subparagraph (A)(ii)](#b-2-A-ii) may appeal such action to the same extent and in the same manner as if the [agency](/usc/5/500.md?p=a-1) had taken the disciplinary action absent arbitration.
- (c) The preceding subsections of this section shall not apply with respect to any [grievance](/usc/5/7103.md?p=a-9) concerning—
  - (1) any claimed violation of subchapter III of [chapter 73](/usc/5/chptIII-sptF-ch73.md) of this title (relating to prohibited political activities);
  - (2) retirement, life insurance, or health insurance;
  - (3) a [suspension](/usc/5/7541.md?p=2) or removal under [section 7532 of this title](/usc/5/7532.md);
  - (4) any examination, certification, or appointment; or
  - (5) the classification of any [position](/usc/5/5531.md?p=2) which does not result in the reduction in grade or pay of an [employee](/usc/5/7103.md?p=a-2).
- (d) An aggrieved [employee](/usc/5/7103.md?p=a-2) affected by a prohibited personnel practice under [section 2302(b)(1) of this title](/usc/5/2302.md?p=b-1) which also falls under the coverage of the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure may raise the matter under a statutory procedure or the negotiated procedure, but not both. An [employee](/usc/5/7103.md?p=a-2) shall be deemed to have exercised his option under this subsection to raise the matter under either a statutory procedure or the negotiated procedure at such time as the [employee](/usc/5/7103.md?p=a-2) timely initiates an action under the applicable statutory procedure or timely files a [grievance](/usc/5/7103.md?p=a-9) in writing, in accordance with the provisions of the parties’ negotiated procedure, whichever event occurs first. Selection of the negotiated procedure in no manner prejudices the right of an aggrieved [employee](/usc/5/7103.md?p=a-2) to request the Merit Systems Protection [Board](/usc/5/8401.md?p=5) to review the final decision pursuant to [section 7702 of this title](/usc/5/7702.md) in the case of any personnel action that could have been appealed to the [Board](/usc/5/8401.md?p=5), or, where applicable, to request the Equal Employment Opportunity Commission to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the Equal Employment Opportunity Commission.
- (e)
  - (1) Matters covered under sections [4303](/usc/5/4303.md) and [7512](/usc/5/7512.md) of this title which also fall within the coverage of the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure may, in the discretion of the aggrieved [employee](/usc/5/7103.md?p=a-2), be raised either under the appellate procedures of [section 7701 of this title](/usc/5/7701.md) or under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure, but not both. Similar matters which arise under other personnel systems applicable to [employees](/usc/5/7103.md?p=a-2) covered by this chapter may, in the discretion of the aggrieved [employee](/usc/5/7103.md?p=a-2), be raised either under the appellate procedures, if any, applicable to those matters, or under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure, but not both. An [employee](/usc/5/7103.md?p=a-2) shall be deemed to have exercised his option under this subsection to raise a matter either under the applicable appellate procedures or under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure at such time as the [employee](/usc/5/7103.md?p=a-2) timely files a notice of appeal under the applicable appellate procedures or timely files a [grievance](/usc/5/7103.md?p=a-9) in writing in accordance with the provisions of the parties’ negotiated [grievance](/usc/5/7103.md?p=a-9) procedure, whichever event occurs first.
  - (2) In matters covered under sections [4303](/usc/5/4303.md) and [7512](/usc/5/7512.md) of this title which have been raised under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure in accordance with this section, an arbitrator shall be governed by [section 7701(c)(1) of this title](/usc/5/7701.md?p=c-1), as applicable.
- (f) In matters covered under sections [4303](/usc/5/4303.md) and [7512](/usc/5/7512.md) of this title which have been raised under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure in accordance with this section, [section 7703 of this title](/usc/5/7703.md) pertaining to judicial review shall apply to the award of an arbitrator in the same manner and under the same conditions as if the matter had been decided by the [Board](/usc/5/8401.md?p=5). In matters similar to those covered under sections [4303](/usc/5/4303.md) and [7512](/usc/5/7512.md) of this title which arise under other personnel systems and which an aggrieved [employee](/usc/5/7103.md?p=a-2) has raised under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure, judicial review of an arbitrator’s award may be obtained in the same manner and on the same basis as could be obtained of a final decision in such matters raised under applicable appellate procedures.
- (g)
  - (1) This subsection applies with respect to a prohibited personnel practice other than a prohibited personnel practice to which [subsection (d)](#d) applies.
  - (2) An aggrieved [employee](/usc/5/7103.md?p=a-2) affected by a prohibited personnel practice described in [paragraph (1)](#g-1) may elect not more than one of the remedies described in [paragraph (3)](#g-3) with respect thereto. For purposes of the preceding sentence, a determination as to whether a particular remedy has been elected shall be made as set forth under [paragraph (4)](#g-4).
  - (3) The remedies described in this paragraph are as follows:
    - (A) An appeal to the Merit Systems Protection [Board](/usc/5/8401.md?p=5) under [section 7701](/usc/5/7701.md).
    - (B) A negotiated [grievance](/usc/5/7103.md?p=a-9) procedure under this section.
    - (C) Procedures for seeking corrective action under subchapters II and III of [chapter 12](/usc/5/chptII-ch12.md).
  - (4) For the purpose of this subsection, a [person](/usc/5/7103.md?p=a-1) shall be considered to have elected—
    - (A) the remedy described in [paragraph (3)(A)](#g-3-A) if such [person](/usc/5/7103.md?p=a-1) has timely filed a notice of appeal under the applicable appellate procedures;
    - (B) the remedy described in [paragraph (3)(B)](#g-3-B) if such [person](/usc/5/7103.md?p=a-1) has timely filed a [grievance](/usc/5/7103.md?p=a-9) in writing, in accordance with the provisions of the parties’ negotiated procedure; or
    - (C) the remedy described in [paragraph (3)(C)](#g-3-C) if such [person](/usc/5/7103.md?p=a-1) has sought corrective action from the Office of Special Counsel by making an allegation under [section 1214(a)(1)](/usc/5/1214.md?p=a-1).
- (h) Settlements and awards under this chapter shall be subject to the limitations in [section 5596(b)(4) of this title](/usc/5/5596.md?p=b-4).

# §7122. Exceptions to arbitral awards

- (a) Either party to arbitration under this chapter may file with the [Authority](/usc/5/7103.md?p=a-6) an exception to any arbitrator’s award pursuant to the arbitration (other than an award relating to a matter described in [section 7121(f) of this title](/usc/5/7121.md?p=f)). If upon review the [Authority](/usc/5/7103.md?p=a-6) finds that the award is deficient—
  - (1) because it is contrary to any law, rule, or regulation; or
  - (2) on other grounds similar to those applied by Federal courts in private sector labor-management relations;

  the [Authority](/usc/5/7103.md?p=a-6) may take such action and make such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations.

- (b) If no exception to an arbitrator’s award is filed under [subsection (a)](#a) of this section during the 30-day period beginning on the date the award is served on the party, the award shall be final and binding. An [agency](/usc/5/500.md?p=a-1) shall take the actions required by an arbitrator’s final award. The award may include the payment of backpay (as provided in [section 5596 of this title](/usc/5/5596.md)).

# §7123. Judicial review; enforcement

- (a) Any [person](/usc/5/7103.md?p=a-1) aggrieved by any final order of the [Authority](/usc/5/7103.md?p=a-6) other than an order under—
  - (1) [section 7122 of this title](/usc/5/7122.md) (involving an award by an arbitrator), unless the order involves an unfair labor practice under [section 7118 of this title](/usc/5/7118.md), or
  - (2) [section 7112 of this title](/usc/5/7112.md) (involving an appropriate unit determination),

  may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of the [Authority](/usc/5/7103.md?p=a-6)’s order in the [United States](/usc/5/7103.md?p=a-18) court of appeals in the circuit in which the [person](/usc/5/7103.md?p=a-1) resides or transacts business or in the [United States](/usc/5/7103.md?p=a-18) Court of Appeals for the District of Columbia.

- (b) The [Authority](/usc/5/7103.md?p=a-6) may petition any appropriate [United States](/usc/5/7103.md?p=a-18) court of appeals for the enforcement of any order of the [Authority](/usc/5/7103.md?p=a-6) and for appropriate temporary relief or restraining order.
- (c) Upon the filing of a petition under [subsection (a)](#a) of this section for judicial review or under [subsection (b)](#b) of this section for enforcement, the [Authority](/usc/5/7103.md?p=a-6) shall file in the court the record in the proceedings, as provided in [section 2112 of title 28](/usc/28/2112.md). Upon the filing of the petition, the court shall cause notice thereof to be served to the parties involved, and thereupon shall have jurisdiction of the proceeding and of the question determined therein and may grant any temporary relief (including a temporary restraining order) it considers just and proper, and may make and enter a decree affirming and enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the [Authority](/usc/5/7103.md?p=a-6). The filing of a petition under subsection [(a)](#a) or [(b)](#b) of this section shall not operate as a stay of the [Authority](/usc/5/7103.md?p=a-6)’s order unless the court specifically orders the stay. Review of the [Authority](/usc/5/7103.md?p=a-6)’s order shall be on the record in accordance with [section 706 of this title](/usc/5/706.md). No objection that has not been urged before the [Authority](/usc/5/7103.md?p=a-6), or its designee, shall be considered by the court, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the [Authority](/usc/5/7103.md?p=a-6) with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any [person](/usc/5/7103.md?p=a-1) applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the [Authority](/usc/5/7103.md?p=a-6), or its designee, the court may order the additional evidence to be taken before the [Authority](/usc/5/7103.md?p=a-6), or its designee, and to be made a part of the record. The [Authority](/usc/5/7103.md?p=a-6) may modify its findings as to the facts, or make new findings by reason of additional evidence so taken and filed. The [Authority](/usc/5/7103.md?p=a-6) shall file its modified or new findings, which, with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The [Authority](/usc/5/7103.md?p=a-6) shall file its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the judgment and decree shall be subject to review by the Supreme Court of the [United States](/usc/5/7103.md?p=a-18) upon writ of certiorari or certification as provided in [section 1254 of title 28](/usc/28/1254.md).
- (d) The [Authority](/usc/5/7103.md?p=a-6) may, upon issuance of a complaint as provided in [section 7118 of this title](/usc/5/7118.md) charging that any [person](/usc/5/7103.md?p=a-1) has engaged in or is engaging in an unfair labor practice, petition any [United States](/usc/5/7103.md?p=a-18) district court within any district in which the unfair labor practice in question is alleged to have occurred or in which such [person](/usc/5/7103.md?p=a-1) resides or transacts business for appropriate temporary relief (including a restraining order). Upon the filing of the petition, the court shall cause notice thereof to be served upon the [person](/usc/5/7103.md?p=a-1), and thereupon shall have jurisdiction to grant any temporary relief (including a temporary restraining order) it considers just and proper. A court shall not grant any temporary relief under this section if it would interfere with the ability of the [agency](/usc/5/500.md?p=a-1) to carry out its essential functions or if the [Authority](/usc/5/7103.md?p=a-6) fails to establish probable cause that an unfair labor practice is being committed.

# §7131. Official time

- (a) Any [employee](/usc/5/7103.md?p=a-2) representing an [exclusive representative](/usc/5/7103.md?p=a-16) in the negotiation of a [collective bargaining agreement](/usc/5/7103.md?p=a-8) under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the [employee](/usc/5/7103.md?p=a-2) otherwise would be in a duty status. The number of [employees](/usc/5/7103.md?p=a-2) for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the [agency](/usc/5/500.md?p=a-1) for such purposes.
- (b) Any activities performed by any [employee](/usc/5/7103.md?p=a-2) relating to the internal business of a [labor organization](/usc/5/7103.md?p=a-4) (including the solicitation of membership, elections of [labor organization](/usc/5/7103.md?p=a-4) officials, and collection of [dues](/usc/5/7103.md?p=a-5)) shall be performed during the time the [employee](/usc/5/7103.md?p=a-2) is in a non-duty status.
- (c) Except as provided in [subsection (a)](#a) of this section, the [Authority](/usc/5/7103.md?p=a-6) shall determine whether any [employee](/usc/5/7103.md?p=a-2) participating for, or on behalf of, a [labor organization](/usc/5/7103.md?p=a-4) in any phase of proceedings before the [Authority](/usc/5/7103.md?p=a-6) shall be authorized official time for such purpose during the time the [employee](/usc/5/7103.md?p=a-2) otherwise would be in a duty status.
- (d) Except as provided in the preceding subsections of this section—
  - (1) any [employee](/usc/5/7103.md?p=a-2) representing an [exclusive representative](/usc/5/7103.md?p=a-16), or
  - (2) in connection with any other matter covered by this chapter, any [employee](/usc/5/7103.md?p=a-2) in an appropriate unit represented by an [exclusive representative](/usc/5/7103.md?p=a-16),

  shall be granted official time in any amount the [agency](/usc/5/500.md?p=a-1) and the [exclusive representative](/usc/5/7103.md?p=a-16) involved agree to be reasonable, necessary, and in the public interest.


# §7132. Subpenas

- (a) Any [member](/usc/5/5531.md?p=1) of the [Authority](/usc/5/7103.md?p=a-6), the General Counsel, or the [Panel](/usc/5/7103.md?p=a-7), any administrative law judge appointed by the [Authority](/usc/5/7103.md?p=a-6) under [section 3105 of this title](/usc/5/3105.md), and any [employee](/usc/5/7103.md?p=a-2) of the [Authority](/usc/5/7103.md?p=a-6) designated by the [Authority](/usc/5/7103.md?p=a-6) may—
  - (1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the [United States](/usc/5/7103.md?p=a-18); and
  - (2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence.

  No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an [agency](/usc/5/500.md?p=a-1) or between an [agency](/usc/5/500.md?p=a-1) and the Office of Personnel Management.

- (b) In the case of contumacy or failure to obey a subpena issued under [subsection (a)(1)](#a-1) of this section, the [United States](/usc/5/7103.md?p=a-18) district court for the judicial district in which the [person](/usc/5/7103.md?p=a-1) to whom the subpena is addressed resides or is served may issue an order requiring such [person](/usc/5/7103.md?p=a-1) to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
- (c) Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the [United States](/usc/5/7103.md?p=a-18).

# §7133. Compilation and publication of data

- (a) The [Authority](/usc/5/7103.md?p=a-6) shall maintain a file of its proceedings and copies of all available agreements and arbitration decisions, and shall publish the texts of its decisions and the actions taken by the [Panel](/usc/5/7103.md?p=a-7) under [section 7119 of this title](/usc/5/7119.md).
- (b) All files maintained under [subsection (a)](#a) of this section shall be open to inspection and reproduction in accordance with the provisions of sections [552](/usc/5/552.md) and [552a](/usc/5/552a.md) of this title.

# §7134. Regulations


The [Authority](/usc/5/7103.md?p=a-6), the General Counsel, the Federal Mediation and Conciliation [Service](/usc/5/8331.md?p=12), the Assistant Secretary of Labor for Labor Management Relations, and the [Panel](/usc/5/7103.md?p=a-7) shall each prescribe rules and regulations to carry out the provisions of this chapter applicable to each of them, respectively. Provisions of subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of this title shall be applicable to the issuance, revision, or repeal of any such rule or regulation.


# §7135. Continuation of existing laws, recognitions, agreements, and procedures

- (a) Nothing contained in this chapter shall preclude—
  - (1) the renewal or continuation of an exclusive recognition, certification of an [exclusive representative](/usc/5/7103.md?p=a-16), or a lawful agreement between an [agency](/usc/5/500.md?p=a-1) and an [exclusive representative](/usc/5/7103.md?p=a-16) of its [employees](/usc/5/7103.md?p=a-2), which is entered into before the effective date of this chapter; or
  - (2) the renewal, continuation, or initial according of recognition for units of [management officials](/usc/5/7103.md?p=a-11) or [supervisors](/usc/5/7103.md?p=a-10) represented by [labor organizations](/usc/5/7103.md?p=a-4) which historically or traditionally represent [management officials](/usc/5/7103.md?p=a-11) or [supervisors](/usc/5/7103.md?p=a-10) in private industry and which hold exclusive recognition for units of such officials or [supervisors](/usc/5/7103.md?p=a-10) in any [agency](/usc/5/500.md?p=a-1) on the effective date of this chapter.
- (b) Policies, regulations, and procedures established under and decisions issued under Executive Orders 11491, 11616, 11636, 11787, and 11838, or under any other Executive order, as in effect on the effective date of this chapter, shall remain in full force and effect until revised or revoked by the President, or unless superseded by specific provisions of this chapter or by regulations or decisions issued pursuant to this chapter.