---
kind: "section"
citation: "5 U.S.C. § 7116"
title: "5"
title_heading: "Government Organization and Employees"
number: "7116"
heading: "Unfair labor practices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7116"
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"
---

# §7116. Unfair labor practices

- (a) For the purpose of this chapter, it shall be an unfair labor practice for an [agency](/usc/5/3132.md?p=a-1)—
  - (1) to interfere with, restrain, or coerce any [employee](/usc/5/4701.md?p=a-2) in the exercise by the [employee](/usc/5/4701.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/5/8401.md?p=26) and facilities if the [services](/usc/5/8401.md?p=26) 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/5/4701.md?p=a-2) because the [employee](/usc/5/4701.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/5/4701.md?p=a-2) in the exercise by the [employee](/usc/5/4701.md?p=a-2) of any right under this chapter;
  - (2) to cause or attempt to cause an [agency](/usc/5/3132.md?p=a-1) to discriminate against any [employee](/usc/5/4701.md?p=a-2) in the exercise by the [employee](/usc/5/4701.md?p=a-2) of any right under this chapter;
  - (3) to coerce, discipline, fine, or attempt to coerce a [member](/usc/5/8401.md?p=20) 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/5/8401.md?p=20)’s work performance or productivity as an [employee](/usc/5/4701.md?p=a-2) or the discharge of the [member](/usc/5/8401.md?p=20)’s duties as an [employee](/usc/5/4701.md?p=a-2);
  - (4) to discriminate against an [employee](/usc/5/4701.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/5/8401.md?p=26) status, political affiliation, marital status, or handicapping condition;
  - (5) to refuse to consult or negotiate in good faith with an [agency](/usc/5/3132.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/5/3132.md?p=a-1) in a labor-management dispute if such picketing interferes with an [agency](/usc/5/3132.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/5/3132.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/5/4701.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) of this title, an [employee](/usc/5/4701.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/5/4701.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/5/4701.md?p=a-2) of the [Government](/usc/5/4101.md?p=3)’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.


## Source credit

(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1204.)

## 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)(5) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces, and subsec. (a)(7) of this section suspended with regard to any regulation governing 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), (c) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title.