---
kind: "section"
citation: "5 U.S.C. § 7112"
title: "5"
title_heading: "Government Organization and Employees"
number: "7112"
heading: "Determination of appropriate units for labor organization representation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7112"
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"
---

# §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/5/4701.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/5/3132.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/5/4701.md?p=a-2) in the unit and will promote effective dealings with, and efficiency of the operations of the [agency](/usc/5/3132.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/5/4701.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/5/4701.md?p=a-2) engaged in personnel work in other than a purely clerical capacity;
  - (4) an [employee](/usc/5/4701.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/5/4701.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/5/4701.md?p=a-2) engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; or
  - (7) any [employee](/usc/5/4701.md?p=a-2) primarily engaged in investigation or audit functions relating to the work of individuals employed by an [agency](/usc/5/3132.md?p=a-1) whose duties directly affect the internal security of the [agency](/usc/5/3132.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/5/4701.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/5/3132.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/5/3132.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.

## Source credit

(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1200; amended Pub. L. 102–378, § 2(54), Oct. 2, 1992, 106 Stat. 1354.)

## Notes

### Editorial Notes

### Amendments

1992—Subsec. (a). Pub. L. 102–378 struck out “(1)” after subsec. (a) designation.

### 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.