---
kind: "range"
citation: "5 U.S.C. §§ 7111–7117"
title: "5"
from: "7111"
to: "7117"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/5/7111..7117"
---

# §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.