---
kind: "range"
citation: "5 U.S.C. §§ 7119–7122"
title: "5"
from: "7119"
to: "7122"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/5/7119..7122"
---

# §7119. Negotiation impasses; Federal Service Impasses Panel

- (a) The Federal Mediation and Conciliation [Service](/usc/5/8331.md?p=12) shall provide [services](/usc/5/8331.md?p=12) and assistance to [agencies](/usc/5/500.md?p=a-1) and [exclusive representatives](/usc/5/7103.md?p=a-16) in the resolution of negotiation impasses. The [Service](/usc/5/8331.md?p=12) shall determine under what circumstances and in what manner it shall provide [services](/usc/5/8331.md?p=12) and assistance.
- (b) If voluntary arrangements, including the [services](/usc/5/8331.md?p=12) of the Federal Mediation and Conciliation [Service](/usc/5/8331.md?p=12) or any other third-party mediation, fail to resolve a negotiation impasse—
  - (1) either party may request the Federal [Service](/usc/5/8331.md?p=12) Impasses [Panel](/usc/5/7103.md?p=a-7) to consider the matter, or
  - (2) the parties may agree to adopt a procedure for binding arbitration of the negotiation impasse, but only if the procedure is approved by the [Panel](/usc/5/7103.md?p=a-7).
- (c)
  - (1) The Federal [Service](/usc/5/8331.md?p=12) Impasses [Panel](/usc/5/7103.md?p=a-7) is an entity within the [Authority](/usc/5/7103.md?p=a-6), the function of which is to provide assistance in resolving negotiation impasses between [agencies](/usc/5/500.md?p=a-1) and [exclusive representatives](/usc/5/7103.md?p=a-16).
  - (2) The [Panel](/usc/5/7103.md?p=a-7) shall be composed of a Chairman and at least six other [members](/usc/5/5531.md?p=1), who shall be appointed by the President, solely on the basis of fitness to perform the duties and functions involved, from among individuals who are familiar with Government operations and knowledgeable in labor-management relations.
  - (3) Of the original [members](/usc/5/5531.md?p=1) of the [Panel](/usc/5/7103.md?p=a-7), 2 [members](/usc/5/5531.md?p=1) shall be appointed for a term of 1 year, 2 [members](/usc/5/5531.md?p=1) shall be appointed for a term of 3 years, and the Chairman and the remaining [members](/usc/5/5531.md?p=1) shall be appointed for a term of 5 years. Thereafter each [member](/usc/5/5531.md?p=1) shall be appointed for a term of 5 years, except that an individual chosen to fill a vacancy shall be appointed for the unexpired term of the [member](/usc/5/5531.md?p=1) replaced. Any [member](/usc/5/5531.md?p=1) of the [Panel](/usc/5/7103.md?p=a-7) may be removed by the President.
  - (4) The [Panel](/usc/5/7103.md?p=a-7) may appoint an Executive Director and any other individuals it may from time to time find necessary for the proper performance of its duties. Each [member](/usc/5/5531.md?p=1) of the [Panel](/usc/5/7103.md?p=a-7) who is not an [employee](/usc/5/7103.md?p=a-2) (as defined in [section 2105 of this title](/usc/5/2105.md)) is entitled to pay at a rate equal to the daily equivalent of the maximum annual rate of basic pay then currently paid under the General Schedule for each day he is engaged in the performance of official business of the [Panel](/usc/5/7103.md?p=a-7), including travel time, and is entitled to travel expenses as provided under [section 5703 of this title](/usc/5/5703.md).
  - (5)
    - (A) The [Panel](/usc/5/7103.md?p=a-7) or its designee shall promptly investigate any impasse presented to it under [subsection (b)](#b) of this section. The [Panel](/usc/5/7103.md?p=a-7) shall consider the impasse and shall either—
      - (i) recommend to the parties procedures for the resolution of the impasse; or
      - (ii) assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish the purpose of this section.
    - (B) If the parties do not arrive at a settlement after assistance by the [Panel](/usc/5/7103.md?p=a-7) under subparagraph (A) of this paragraph, the [Panel](/usc/5/7103.md?p=a-7) may—
      - (i) hold hearings;
      - (ii) administer oaths, take the testimony or deposition of any [person](/usc/5/7103.md?p=a-1) under oath, and issue subpenas as provided in [section 7132 of this title](/usc/5/7132.md); and
      - (iii) take whatever action is necessary and not inconsistent with this chapter to resolve the impasse.
    - (C) Notice of any final action of the [Panel](/usc/5/7103.md?p=a-7) under this section shall be promptly served upon the parties, and the action shall be binding on such parties during the term of the agreement, unless the parties agree otherwise.

# §7120. Standards of conduct for labor organizations

- (a) An [agency](/usc/5/500.md?p=a-1) shall only accord recognition to a [labor organization](/usc/5/7103.md?p=a-4) that is free from corrupt influences and influences opposed to basic democratic principles. Except as provided in [subsection (b)](#b) of this section, an organization is not required to prove that it is free from such influences if it is subject to governing requirements adopted by the organization or by a national or international [labor organization](/usc/5/7103.md?p=a-4) or federation of [labor organizations](/usc/5/7103.md?p=a-4) with which it is affiliated, or in which it participates, containing explicit and detailed provisions to which it subscribes calling for—
  - (1) the maintenance of democratic procedures and practices including provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual [members](/usc/5/5531.md?p=1) to participate in the affairs of the organization, to receive fair and equal treatment under the governing rules of the organization, and to receive fair process in disciplinary proceedings;
  - (2) the exclusion from office in the organization of [persons](/usc/5/7103.md?p=a-1) affiliated with communist or other totalitarian movements and [persons](/usc/5/7103.md?p=a-1) identified with corrupt influences;
  - (3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its [members](/usc/5/5531.md?p=1); and
  - (4) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provisions for accounting and financial controls and regular financial reports or summaries to be made available to [members](/usc/5/5531.md?p=1).
- (b) Notwithstanding the fact that a [labor organization](/usc/5/7103.md?p=a-4) has adopted or subscribed to standards of conduct as provided in [subsection (a)](#a) of this section, the organization is required to furnish evidence of its freedom from corrupt influences or influences opposed to basic democratic principles if there is reasonable cause to believe that—
  - (1) the organization has been suspended or expelled from, or is subject to other sanction, by a parent [labor organization](/usc/5/7103.md?p=a-4), or federation of organizations with which it had been affiliated, because it has demonstrated an unwillingness or inability to comply with governing requirements comparable in purpose to those required by [subsection (a)](#a) of this section; or
  - (2) the organization is in fact subject to influences that would preclude recognition under this chapter.
- (c) A [labor organization](/usc/5/7103.md?p=a-4) which has or seeks recognition as a representative of [employees](/usc/5/7103.md?p=a-2) under this chapter shall file financial and other reports with the Assistant Secretary of Labor for Labor Management Relations, provide for bonding of officials and [employees](/usc/5/7103.md?p=a-2) of the organization, and comply with trusteeship and election standards.
- (d) The Assistant Secretary shall prescribe such regulations as are necessary to carry out the purposes of this section. Such regulations shall conform generally to the principles applied to [labor organizations](/usc/5/7103.md?p=a-4) in the private sector. Complaints of violations of this section shall be filed with the Assistant Secretary. In any matter arising under this section, the Assistant Secretary may require a [labor organization](/usc/5/7103.md?p=a-4) to cease and desist from violations of this section and require it to take such actions as he considers appropriate to carry out the policies of this section.
- (e) This chapter does not authorize participation in the management of a [labor organization](/usc/5/7103.md?p=a-4) or acting as a representative of a [labor organization](/usc/5/7103.md?p=a-4) by a [management official](/usc/5/7103.md?p=a-11), a [supervisor](/usc/5/7103.md?p=a-10), or a [confidential employee](/usc/5/7103.md?p=a-13), except as specifically provided in this chapter, or by an [employee](/usc/5/7103.md?p=a-2) if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the [employee](/usc/5/7103.md?p=a-2).
- (f) In the case of any [labor organization](/usc/5/7103.md?p=a-4) which by omission or commission has willfully and intentionally, with regard to any strike, work stoppage, or slowdown, violated [section 7116(b)(7) of this title](/usc/5/7116.md?p=b-7), the [Authority](/usc/5/7103.md?p=a-6) shall, upon an appropriate finding by the [Authority](/usc/5/7103.md?p=a-6) of such violation—
  - (1) revoke the exclusive recognition status of the [labor organization](/usc/5/7103.md?p=a-4), which shall then immediately cease to be legally entitled and obligated to represent [employees](/usc/5/7103.md?p=a-2) in the unit; or
  - (2) take any other appropriate disciplinary action.

# §7121. Grievance procedures

- (a)
  - (1) Except as provided in paragraph (2) of this subsection, any [collective bargaining agreement](/usc/5/7103.md?p=a-8) shall provide procedures for the settlement of [grievances](/usc/5/7103.md?p=a-9), including questions of arbitrability. Except as provided in subsections [(d)](#d), [(e)](#e), and [(g)](#g) of this section, the procedures shall be the exclusive administrative procedures for resolving [grievances](/usc/5/7103.md?p=a-9) which fall within its coverage.
  - (2) Any [collective bargaining agreement](/usc/5/7103.md?p=a-8) may exclude any matter from the application of the [grievance](/usc/5/7103.md?p=a-9) procedures which are provided for in the agreement.
- (b)
  - (1) Any negotiated [grievance](/usc/5/7103.md?p=a-9) procedure referred to in [subsection (a)](#a) of this section shall—
    - (A) be fair and simple,
    - (B) provide for expeditious processing, and
    - (C) include procedures that—
      - (i) assure an [exclusive representative](/usc/5/7103.md?p=a-16) the right, in its own behalf or on behalf of any [employee](/usc/5/7103.md?p=a-2) in the unit represented by the [exclusive representative](/usc/5/7103.md?p=a-16), to present and process [grievances](/usc/5/7103.md?p=a-9);
      - (ii) assure such an [employee](/usc/5/7103.md?p=a-2) the right to present a [grievance](/usc/5/7103.md?p=a-9) on the [employee](/usc/5/7103.md?p=a-2)’s own behalf, and assure the [exclusive representative](/usc/5/7103.md?p=a-16) the right to be present during the [grievance](/usc/5/7103.md?p=a-9) proceeding; and
      - (iii) provide that any [grievance](/usc/5/7103.md?p=a-9) not satisfactorily settled under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure shall be subject to binding arbitration which may be invoked by either the [exclusive representative](/usc/5/7103.md?p=a-16) or the [agency](/usc/5/500.md?p=a-1).
  - (2)
    - (A) The provisions of a negotiated [grievance](/usc/5/7103.md?p=a-9) procedure providing for binding arbitration in accordance with [paragraph (1)(C)(iii)](#b-1-C-iii) shall, if or to the extent that an alleged prohibited personnel practice is involved, allow the arbitrator to order—
      - (i) a stay of any personnel action in a manner similar to the manner described in [section 1221(c)](/usc/5/1221.md?p=c) with respect to the Merit Systems Protection [Board](/usc/5/8401.md?p=5); and
      - (ii) the taking, by an [agency](/usc/5/500.md?p=a-1), of any disciplinary action identified under [section 1215(a)(3)](/usc/5/1215.md?p=a-3) that is otherwise within the [authority](/usc/5/7103.md?p=a-6) of such [agency](/usc/5/500.md?p=a-1) to take.
    - (B) Any [employee](/usc/5/7103.md?p=a-2) who is the subject of any disciplinary action ordered under [subparagraph (A)(ii)](#b-2-A-ii) may appeal such action to the same extent and in the same manner as if the [agency](/usc/5/500.md?p=a-1) had taken the disciplinary action absent arbitration.
- (c) The preceding subsections of this section shall not apply with respect to any [grievance](/usc/5/7103.md?p=a-9) concerning—
  - (1) any claimed violation of subchapter III of [chapter 73](/usc/5/chptIII-sptF-ch73.md) of this title (relating to prohibited political activities);
  - (2) retirement, life insurance, or health insurance;
  - (3) a [suspension](/usc/5/7541.md?p=2) or removal under [section 7532 of this title](/usc/5/7532.md);
  - (4) any examination, certification, or appointment; or
  - (5) the classification of any [position](/usc/5/5531.md?p=2) which does not result in the reduction in grade or pay of an [employee](/usc/5/7103.md?p=a-2).
- (d) An aggrieved [employee](/usc/5/7103.md?p=a-2) affected by a prohibited personnel practice under [section 2302(b)(1) of this title](/usc/5/2302.md?p=b-1) which also falls under the coverage of the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure may raise the matter under a statutory procedure or the negotiated procedure, but not both. An [employee](/usc/5/7103.md?p=a-2) shall be deemed to have exercised his option under this subsection to raise the matter under either a statutory procedure or the negotiated procedure at such time as the [employee](/usc/5/7103.md?p=a-2) timely initiates an action under the applicable statutory procedure or timely files a [grievance](/usc/5/7103.md?p=a-9) in writing, in accordance with the provisions of the parties’ negotiated procedure, whichever event occurs first. Selection of the negotiated procedure in no manner prejudices the right of an aggrieved [employee](/usc/5/7103.md?p=a-2) to request the Merit Systems Protection [Board](/usc/5/8401.md?p=5) to review the final decision pursuant to [section 7702 of this title](/usc/5/7702.md) in the case of any personnel action that could have been appealed to the [Board](/usc/5/8401.md?p=5), or, where applicable, to request the Equal Employment Opportunity Commission to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the Equal Employment Opportunity Commission.
- (e)
  - (1) Matters covered under sections [4303](/usc/5/4303.md) and [7512](/usc/5/7512.md) of this title which also fall within the coverage of the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure may, in the discretion of the aggrieved [employee](/usc/5/7103.md?p=a-2), be raised either under the appellate procedures of [section 7701 of this title](/usc/5/7701.md) or under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure, but not both. Similar matters which arise under other personnel systems applicable to [employees](/usc/5/7103.md?p=a-2) covered by this chapter may, in the discretion of the aggrieved [employee](/usc/5/7103.md?p=a-2), be raised either under the appellate procedures, if any, applicable to those matters, or under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure, but not both. An [employee](/usc/5/7103.md?p=a-2) shall be deemed to have exercised his option under this subsection to raise a matter either under the applicable appellate procedures or under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure at such time as the [employee](/usc/5/7103.md?p=a-2) timely files a notice of appeal under the applicable appellate procedures or timely files a [grievance](/usc/5/7103.md?p=a-9) in writing in accordance with the provisions of the parties’ negotiated [grievance](/usc/5/7103.md?p=a-9) procedure, whichever event occurs first.
  - (2) In matters covered under sections [4303](/usc/5/4303.md) and [7512](/usc/5/7512.md) of this title which have been raised under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure in accordance with this section, an arbitrator shall be governed by [section 7701(c)(1) of this title](/usc/5/7701.md?p=c-1), as applicable.
- (f) In matters covered under sections [4303](/usc/5/4303.md) and [7512](/usc/5/7512.md) of this title which have been raised under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure in accordance with this section, [section 7703 of this title](/usc/5/7703.md) pertaining to judicial review shall apply to the award of an arbitrator in the same manner and under the same conditions as if the matter had been decided by the [Board](/usc/5/8401.md?p=5). In matters similar to those covered under sections [4303](/usc/5/4303.md) and [7512](/usc/5/7512.md) of this title which arise under other personnel systems and which an aggrieved [employee](/usc/5/7103.md?p=a-2) has raised under the negotiated [grievance](/usc/5/7103.md?p=a-9) procedure, judicial review of an arbitrator’s award may be obtained in the same manner and on the same basis as could be obtained of a final decision in such matters raised under applicable appellate procedures.
- (g)
  - (1) This subsection applies with respect to a prohibited personnel practice other than a prohibited personnel practice to which [subsection (d)](#d) applies.
  - (2) An aggrieved [employee](/usc/5/7103.md?p=a-2) affected by a prohibited personnel practice described in [paragraph (1)](#g-1) may elect not more than one of the remedies described in [paragraph (3)](#g-3) with respect thereto. For purposes of the preceding sentence, a determination as to whether a particular remedy has been elected shall be made as set forth under [paragraph (4)](#g-4).
  - (3) The remedies described in this paragraph are as follows:
    - (A) An appeal to the Merit Systems Protection [Board](/usc/5/8401.md?p=5) under [section 7701](/usc/5/7701.md).
    - (B) A negotiated [grievance](/usc/5/7103.md?p=a-9) procedure under this section.
    - (C) Procedures for seeking corrective action under subchapters II and III of [chapter 12](/usc/5/chptII-ch12.md).
  - (4) For the purpose of this subsection, a [person](/usc/5/7103.md?p=a-1) shall be considered to have elected—
    - (A) the remedy described in [paragraph (3)(A)](#g-3-A) if such [person](/usc/5/7103.md?p=a-1) has timely filed a notice of appeal under the applicable appellate procedures;
    - (B) the remedy described in [paragraph (3)(B)](#g-3-B) if such [person](/usc/5/7103.md?p=a-1) has timely filed a [grievance](/usc/5/7103.md?p=a-9) in writing, in accordance with the provisions of the parties’ negotiated procedure; or
    - (C) the remedy described in [paragraph (3)(C)](#g-3-C) if such [person](/usc/5/7103.md?p=a-1) has sought corrective action from the Office of Special Counsel by making an allegation under [section 1214(a)(1)](/usc/5/1214.md?p=a-1).
- (h) Settlements and awards under this chapter shall be subject to the limitations in [section 5596(b)(4) of this title](/usc/5/5596.md?p=b-4).

# §7122. Exceptions to arbitral awards

- (a) Either party to arbitration under this chapter may file with the [Authority](/usc/5/7103.md?p=a-6) an exception to any arbitrator’s award pursuant to the arbitration (other than an award relating to a matter described in [section 7121(f) of this title](/usc/5/7121.md?p=f)). If upon review the [Authority](/usc/5/7103.md?p=a-6) finds that the award is deficient—
  - (1) because it is contrary to any law, rule, or regulation; or
  - (2) on other grounds similar to those applied by Federal courts in private sector labor-management relations;

  the [Authority](/usc/5/7103.md?p=a-6) may take such action and make such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations.

- (b) If no exception to an arbitrator’s award is filed under [subsection (a)](#a) of this section during the 30-day period beginning on the date the award is served on the party, the award shall be final and binding. An [agency](/usc/5/500.md?p=a-1) shall take the actions required by an arbitrator’s final award. The award may include the payment of backpay (as provided in [section 5596 of this title](/usc/5/5596.md)).