---
kind: "section"
citation: "5 U.S.C. § 7118"
title: "5"
title_heading: "Government Organization and Employees"
number: "7118"
heading: "Prevention of unfair labor practices"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7118"
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"
---

# §7118. Prevention of unfair labor practices

- (a)
  - (1) If any [agency](/usc/5/3132.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) is charged by any [person](/usc/5/7103.md?p=a-1) with having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the [agency](/usc/5/3132.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to [state](/usc/5/8521.md?p=a-3) an unfair labor practice, the General Counsel shall provide the [person](/usc/5/7103.md?p=a-1) making the charge a written statement of the reasons for not issuing a complaint.
  - (2) Any complaint under paragraph (1) of this subsection shall contain a notice—
    - (A) of the charge;
    - (B) that a hearing will be held before the [Authority](/usc/5/7103.md?p=a-6) (or any [member](/usc/5/8401.md?p=20) thereof or before an individual employed by the [authority](/usc/5/7103.md?p=a-6) and designated for such purpose); and
    - (C) of the time and place fixed for the hearing.
  - (3) The [labor organization](/usc/5/7103.md?p=a-4) or [agency](/usc/5/3132.md?p=a-1) involved shall have the right to file an answer to the original and any amended complaint and to appear in [person](/usc/5/7103.md?p=a-1) or otherwise and give testimony at the time and place fixed in the complaint for the hearing.
  - (4)
    - (A) Except as provided in subparagraph (B) of this paragraph, no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the [Authority](/usc/5/7103.md?p=a-6).
    - (B) If the General Counsel determines that the [person](/usc/5/7103.md?p=a-1) filing any charge was prevented from filing the charge during the 6-month period referred to in subparagraph (A) of this paragraph by reason of—
      - (i) any failure of the [agency](/usc/5/3132.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) against which the charge is made to perform a duty owed to the [person](/usc/5/7103.md?p=a-1), or
      - (ii) any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period,

      the General Counsel may issue a complaint based on the charge if the charge was filed during the 6-month period beginning on the day of the discovery by the [person](/usc/5/7103.md?p=a-1) of the alleged unfair labor practice.

  - (5) The General Counsel may prescribe regulations providing for informal methods by which the alleged unfair labor practice may be resolved prior to the issuance of a complaint.
  - (6) The [Authority](/usc/5/7103.md?p=a-6) (or any [member](/usc/5/8401.md?p=20) thereof or any individual employed by the [Authority](/usc/5/7103.md?p=a-6) and designated for such purpose) shall conduct a hearing on the complaint not earlier than 5 days after the date on which the complaint is served. In the discretion of the individual or individuals conducting the hearing, any [person](/usc/5/7103.md?p=a-1) involved may be allowed to intervene in the hearing and to present testimony. Any such hearing shall, to the extent practicable, be conducted in accordance with the provisions of subchapter II of [chapter 5](/usc/5/chptI/ch5.md) of this title, except that the parties shall not be bound by rules of evidence, whether statutory, common law, or adopted by a [court](/usc/5/8401.md?p=7). A transcript shall be kept of the hearing. After such a hearing the [Authority](/usc/5/7103.md?p=a-6), in its discretion, may upon notice receive further evidence or hear argument.
  - (7) If the [Authority](/usc/5/7103.md?p=a-6) (or any [member](/usc/5/8401.md?p=20) thereof or any individual employed by the [Authority](/usc/5/7103.md?p=a-6) and designated for such purpose) determines after any hearing on a complaint under paragraph (5) of this subsection that the preponderance of the evidence received demonstrates that the [agency](/usc/5/3132.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) named in the complaint has engaged in or is engaging in an unfair labor practice, then the individual or individuals conducting the hearing shall [state](/usc/5/8521.md?p=a-3) in writing their findings of fact and shall issue and cause to be served on the [agency](/usc/5/3132.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) an order—
    - (A) to cease and desist from any such unfair labor practice in which the [agency](/usc/5/3132.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) is engaged;
    - (B) requiring the parties to renegotiate a [collective bargaining agreement](/usc/5/7103.md?p=a-8) in accordance with the order of the [Authority](/usc/5/7103.md?p=a-6) and requiring that the agreement, as amended, be given retroactive effect;
    - (C) requiring reinstatement of an [employee](/usc/5/4701.md?p=a-2) with backpay in accordance with [section 5596 of this title](/usc/5/5596.md); or
    - (D) including any combination of the actions described in subparagraphs (A) through (C) of this paragraph or such other action as will carry out the purpose of this chapter.

    If any such order requires reinstatement of an [employee](/usc/5/4701.md?p=a-2) with backpay, backpay may be required of the [agency](/usc/5/3132.md?p=a-1) (as provided in [section 5596 of this title](/usc/5/5596.md)) or of the [labor organization](/usc/5/7103.md?p=a-4), as the case may be, which is found to have engaged in the unfair labor practice involved.

  - (8) If the individual or individuals conducting the hearing determine that the preponderance of the evidence received fails to demonstrate that the [agency](/usc/5/3132.md?p=a-1) or [labor organization](/usc/5/7103.md?p=a-4) named in the complaint has engaged in or is engaging in an unfair labor practice, the individual or individuals shall [state](/usc/5/8521.md?p=a-3) in writing their findings of fact and shall issue an order dismissing the complaint.
- (b) In connection with any matter before the [Authority](/usc/5/7103.md?p=a-6) in any proceeding under this section, the [Authority](/usc/5/7103.md?p=a-6) may request, in accordance with the provisions of [section 7105(i) of this title](/usc/5/7105.md?p=i), from the [Director](/usc/5/8401.md?p=8) of the [Office](/usc/5/5402.md?p=3) of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or other policy directives issued by the [Office](/usc/5/5402.md?p=3) of Personnel Management.

## Source credit

(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1207.)

## 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.