---
kind: "section"
citation: "5 U.S.C. § 7114"
title: "5"
title_heading: "Government Organization and Employees"
number: "7114"
heading: "Representation rights and duties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7114"
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"
---

# §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/5/4701.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/5/4701.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/5/4701.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/5/3132.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/5/3132.md?p=a-1) and one or more [employees](/usc/5/4701.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/5/4701.md?p=a-2) in the unit by a representative of the [agency](/usc/5/3132.md?p=a-1) in connection with an investigation if—
      - (i) the [employee](/usc/5/4701.md?p=a-2) reasonably believes that the examination may result in disciplinary action against the [employee](/usc/5/4701.md?p=a-2); and
      - (ii) the [employee](/usc/5/4701.md?p=a-2) requests representation.
  - (3) Each [agency](/usc/5/3132.md?p=a-1) shall annually inform its [employees](/usc/5/4701.md?p=a-2) of their rights under paragraph (2)(B) of this subsection.
  - (4) Any [agency](/usc/5/3132.md?p=a-1) and any [exclusive representative](/usc/5/7103.md?p=a-16) in any appropriate unit in the [agency](/usc/5/3132.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/5/3132.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/5/4701.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/5/4701.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/5/3132.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/5/3132.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/5/3132.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](/usc/5/7103.md?p=a-12); and
    - (C) which does not constitute guidance, advice, counsel, or [training](/usc/5/4101.md?p=4) provided for [management officials](/usc/5/7103.md?p=a-11) or [supervisors](/usc/5/7103.md?p=a-10), relating to [collective bargaining](/usc/5/7103.md?p=a-12); 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/5/3132.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/5/3132.md?p=a-1).
  - (2) The head of the [agency](/usc/5/3132.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/5/3132.md?p=a-1) has granted an exception to the provision).
  - (3) If the head of the [agency](/usc/5/3132.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/5/3132.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/5/3132.md?p=a-1).

## Source credit

(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1202.)

## 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.

### Partial Suspension of Federal Service Labor-Management Relations

Subsec. (a)(1) and (4) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(b) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title.