--- kind: "section" citation: "5 U.S.C. § 7120" title: "5" title_heading: "Government Organization and Employees" number: "7120" heading: "Standards of conduct for labor organizations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/5/7120" 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" --- # §7120. Standards of conduct for labor organizations - (a) An [agency](/usc/5/3132.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/5/8401.md?p=20) 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](/usc/5/5402.md?p=3) 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/5/8401.md?p=20); 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/5/8401.md?p=20). - (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/5/4701.md?p=a-2) under this chapter shall file financial and other reports with the Assistant [Secretary](/usc/5/9901.md?p=2) of Labor for Labor Management Relations, provide for bonding of officials and [employees](/usc/5/4701.md?p=a-2) of the organization, and comply with trusteeship and election standards. - (d) The Assistant [Secretary](/usc/5/9901.md?p=2) 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](/usc/5/9901.md?p=2). In any matter arising under this section, the Assistant [Secretary](/usc/5/9901.md?p=2) 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/5/4701.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/5/4701.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/5/4701.md?p=a-2) in the unit; or - (2) take any other appropriate disciplinary action. ## Source credit (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1210.) ## 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.