--- kind: "section" citation: "5 U.S.C. § 7111" title: "5" title_heading: "Government Organization and Employees" number: "7111" heading: "Exclusive recognition of labor organizations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/5/7111" units: - "Part III — Employees" - "Subpart F — Labor-Management and Employee Relations" - "Chapter 71 — Labor-Management Relations" - "Subchapter II — Rights and Duties of Agencies and Labor Organizations" --- # §7111. Exclusive recognition of labor organizations - (a) An [agency](/usc/5/3132.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/5/4701.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/5/4701.md?p=a-2) in the appropriate unit wish to be represented for the purpose of [collective bargaining](/usc/5/7103.md?p=a-12) 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/5/4701.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/5/4701.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/5/4701.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/5/4701.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](/usc/5/4701.md?p=a-3) to vote in any election under this section and shall establish rules governing any such election, which shall include rules allowing [employees](/usc/5/4701.md?p=a-2) [eligible](/usc/5/4701.md?p=a-3) 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/5/4701.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/5/3132.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/5/4701.md?p=a-2) in the unit specified in the petition wish to be represented for the purpose of [collective bargaining](/usc/5/7103.md?p=a-12) 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/5/3132.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/5/4701.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/5/4701.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). ## Source credit (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1199.) ## Notes ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.