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US (United States) Code. Title 5. Part III: Employees. Subpart F: Labor-Management employee. Chapter 71: Labor

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-CITE-

5 USC CHAPTER 71 - LABOR-MANAGEMENT RELATIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

-HEAD-

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

7101. Findings and purpose.

7102. Employees' rights.

7103. Definitions; application.

7104. Federal Labor Relations Authority.

7105. Powers and duties of the Authority.

7106. Management rights.

SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR

ORGANIZATIONS

7111. Exclusive recognition of labor organizations.

7112. Determination of appropriate units for labor organization

representation.

7113. National consultation rights.

7114. Representation rights and duties.

7115. Allotments to representatives.

7116. Unfair labor practices.

7117. Duty to bargain in good faith; compelling need; duty to

consult.

7118. Prevention of unfair labor practices.

7119. Negotiation impasses; Federal Service Impasses Panel.

7120. Standards of conduct for labor organizations.

SUBCHAPTER III - GRIEVANCES, APPEALS, AND REVIEW

7121. Grievance procedures.

7122. Exceptions to arbitral awards.

7123. Judicial review; enforcement.

SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS

7131. Official time.

7132. Subpenas.

7133. Compilation and publication of data.

7134. Regulations.

7135. Continuation of existing laws, recognitions, agreements, and

procedures.

AMENDMENTS

1978 - Pub. L. 95-454, title VII, Sec. 701, 703(a)(2), Oct. 13,

1978, 92 Stat. 1191, 1217, in heading for Subpart F inserted

''Labor-Management and'' before ''Employee'', in heading for

chapter 71 substituted ''LABOR-MANAGEMENT RELATIONS'' for

''POLICIES'', in heading for subchapter I substituted ''GENERAL

PROVISIONS'' for ''EMPLOYEE ORGANIZATIONS'', in item 7101

substituted ''Findings and purpose'' for ''Right to organize;

postal employees'', in item 7102 substituted ''Employees' rights''

for ''Right to petition Congress; employees'', added items 7103 to

7106, and added subchapter II and items 7111 to 7120, subchapter

III and items 7121 to 7123, and subchapter IV and items 7131 to

7135. Former subchapter II heading ''ANTIDISCRIMINATION IN

EMPLOYMENT'' and items 7151 to 7154, ''Policy'', ''Marital

status'', ''Physical handicap'', and ''Other prohibitions'',

respectively, were transferred to subchapter I of chapter 72 and

renumbered and amended.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 4505a, 4703, 5366, 5596,

6121, 8473, 9501 of this title; title 2 sections 1302, 1351, 1371,

1434; title 3 sections 402, 431; title 6 sections 293, 412; title 7

section 7011; title 10 section 461; title 18 section 205; title 20

section 4416; title 22 sections 3664, 3701, 4107, 4109; title 31

section 732; title 38 sections 7422, 7461, 7463; title 45 section

1203; title 49 section 40122.

-CITE-

5 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

5 USC Sec. 7101 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7101. Findings and purpose

-STATUTE-

(a) The Congress finds that -

(1) experience in both private and public employment indicates

that the statutory protection of the right of employees to

organize, bargain collectively, and participate through labor

organizations of their own choosing in decisions which affect

them -

(A) safeguards the public interest,

(B) contributes to the effective conduct of public business,

and

disputes between employees and their employers involving

conditions of employment; and

(2) the public interest demands the highest standards of

employee performance and the continued development and

implementation of modern and progressive work practices to

facilitate and improve employee performance and the efficient

accomplishment of the operations of the Government.

Therefore, labor organizations and collective bargaining in the

civil service are in the public interest.

(b) It is the purpose of this chapter to prescribe certain rights

and obligations of the employees of the Federal Government and to

establish procedures which are designed to meet the special

requirements and needs of the Government. The provisions of this

chapter should be interpreted in a manner consistent with the

requirement of an effective and efficient Government.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1192.)

-MISC1-

PRIOR PROVISIONS

A prior section 7101, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

523; Pub. L. 91-375, Sec. 6(c)(19), Aug. 12, 1970, 84 Stat. 776,

related to right of postal employees to organize, prior to the

general amendment of this chapter by Pub. L. 94-454.

EFFECTIVE DATE

Chapter 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.

-EXEC-

EXECUTIVE ORDER NO. 10988

Ex. Ord. No. 10988, Jan. 17, 1962, 27 F.R. 551, which related to

employee-management cooperation in the Federal service, was revoked

by Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, set out below.

EX. ORD. NO. 11491. LABOR-MANAGEMENT RELATIONS IN THE FEDERAL

SERVICE

Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, as amended by

Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R. 17319; Ex. Ord. No.

11636, Dec. 17, 1971, 36 F.R. 24901; Ex. Ord. No. 11838, Feb. 6,

1975, 40 F.R. 5743; Ex. Ord. No. 11901, Jan. 30, 1976, 41 F.R.

4807; Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No.

12107, Dec. 28, 1978, 44 F.R. 1055, provided:

WHEREAS the public interest requires high standards of employee

performance and the continual development and implementation of

modern and progressive work practices to facilitate improved

employee performance and efficiency; and

WHEREAS the well-being of employees and efficient administration

of the Government are benefited by providing employees an

opportunity to participate in the formulation and implementation of

personnel policies and practices affecting the conditions of their

employment; and

WHEREAS the participation of employees should be improved through

the maintenance of constructive and cooperative relationships

between labor organizations and management officials; and

WHEREAS subject to law and the paramount requirements of public

service, effective labor-management relations within the Federal

service require a clear statement of the respective rights and

obligations of labor organizations and agency management:

NOW, THEREFORE, by virtue of the authority vested in me by the

Constitution and statutes of the United States, including sections

3301 and 7301 of title 5 of the United States Code and as President

of the United States, I hereby direct that the following policies

shall govern officers and agencies of the executive branch of the

Government in all dealings with Federal employees and organizations

representing such employees.

GENERAL PROVISIONS

Section 1. Policy. (a) Each employee of the executive branch of

the Federal Government has the right, freely and without fear of

penalty or reprisal, to form, join, and assist a labor organization

or to refrain from any such activity, and each employee shall be

protected in the exercise of this right. Except as otherwise

expressly provided in this Order, the right to assist a labor

organization extends to participation in the management of the

organization and acting for the organization in the capacity of an

organization representative, including presentation of its views to

officials of the executive branch, the Congress, or other

appropriate authority. The head of each agency shall take the

action required to assure that employees in the agency are apprised

of their rights under this section and that no interference,

restraint, coercion, or discrimination is practiced within his

agency to encourage or discourage membership in a labor

organization.

(b) Paragraph (a) of this section does not authorize

participation in the management of a labor organization or acting

as a representative of such an organization by a supervisor, except

as provided in section 24 of this Order, or by an employee when the

participation or activity would result in a conflict or apparent

conflict of interest or otherwise be incompatible with law or with

the official duties of the employee.

Sec. 2. Definitions. When used in this Order, the term -

(a) ''Agency'' means an executive department, a Government

corporation, and an independent establishment as defined in section

104 of title 5, United States Code, except the General Accounting

Office;

(b) ''Employee'' means an employee of an agency and an employee

of a nonappropriated fund instrumentality of the United States but

does not include, for the purpose of exclusive recognition or

national consultation rights, a supervisor, except as provided in

section 24 of this Order;

interest of an agency, to hire, transfer, suspend, lay off, recall,

promote, discharge, assign, reward, or discipline other employees,

or responsibly to direct them, or to adjust their grievances, or

effectively to recommend such action, if in connection with the

foregoing the exercise of authority is not of a merely routine or

clerical nature, but requires the use of independent judgment;

(d) (Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.)

(e) ''Labor organization'' means a lawful organization of any

kind in which employees participate and which exists for the

purpose, in whole or in part, of dealing with agencies concerning

grievances, personnel policies and practices, or other matters

affecting the working conditions of their employees; but does not

include an organization which -

(1) consists of management officials or supervisors, except as

provided in section 24 of this Order;

(2) assists or participates in a strike against the Government of

the United States or any agency thereof, or imposes a duty or

obligation to conduct, assist, or participate in such a strike;

(3) advocates the overthrow of the constitutional form of

government in the United States; or

(4) discriminates with regard to the terms or conditions of

membership because of race, color, creed, sex, age, or national

origin;

(f) ''Agency management'' means the agency head and all

management officials, supervisors, and other representatives of

management having authority to act for the agency on any matters

relating to the implementation of the agency labor-management

relations program established under this Order;

(g) ''Authority'' means the Federal Labor Relations Authority;

(h) ''Panel'' means the Federal Service Impasses Panel;

(i) ''Assistant Secretary'' means the Assistant Secretary of

Labor for Labor Management Relations; and

(j) ''General Counsel'' means the General Counsel of the

Authority.

Sec. 3. Application. (a) This Order applies to all employees and

agencies in the executive branch, except as provided in paragraphs

(b), (c) and (d) of this section.

(b) This Order (except section 22) does not apply to -

(1) the Federal Bureau of Investigation;

(2) the Central Intelligence Agency;

(3) any other agency, or office, bureau, or entity within an

agency, which has as a primary function intelligence,

investigative, or security work, when the head of the agency

determines, in his sole judgment, that the Order cannot be applied

in a manner consistent with national security requirements and

considerations; or

(4) any office, bureau or entity, within an agency which has as a

primary function investigation or audit of the conduct or work of

officials or employees of the agency for the purpose of ensuring

honesty and integrity in the discharge of their official duties,

when the head of the agency determines, in his sole judgment, that

the Order cannot be applied in a manner consistent with the

internal security of the agency.

(5) The Foreign Service of the United States: Department of

State, United States Information Agency and Agency for

International Development and its successor agency or agencies.

(6) The Tennessee Valley Authority; or

(7) Personnel of the Federal Labor Relations Authority (including

the Office of the General Counsel and the Federal Service Impasses

Panel).

provision of this Order (except section 22) with respect to any

agency installation or activity located outside the United States,

when he determines that this is necessary in the national interest,

subject to the conditions he prescribes.

(d) Employees engaged in administering a labor-management

relations law or this Order who are otherwise authorized by this

Order to be represented by a labor organization shall not be

represented by a labor organization which also represents other

groups of employees under the law or this Order, or which is

affiliated directly or indirectly with an organization which

represents such a group of employees.

ADMINISTRATION

Sec. 4. Powers and Duties of the Federal Labor Relations

Authority.

(a) (Revoked).

(b) The Authority shall administer and interpret this Order,

decide major policy issues, and prescribe regulations.

(1) decide questions as to the appropriate unit for the purpose

of exclusive recognition and related issues submitted for its

considerations;

(2) supervise elections to determine whether a labor organization

is the choice of a majority of the employees in an appropriate unit

as their exclusive representative, and certify the results;

(3) decide questions as to the eligibility of labor organizations

for national consultation rights;

(4) decide unfair labor practice complaints; and

(5) decide questions as to whether a grievance is subject to a

negotiated grievance procedure or subject to arbitration under an

agreement as provided in Section 13(d) of this Order.

(d) The Authority may consider, subject to its regulations:

(1) appeals on negotiability issues as provided in Section 11(c)

of this Order;

(2) exceptions to arbitration awards;

(3) appeals from decisions of the Assistant Secretary of Labor

for Labor-Management Relations issued pursuant to Section 6(b) of

this Order; and

(4) other matters it deems appropriate to assure the effectuation

of the purposes of this Order.

(e) In any matters arising under subsection (c) and (d)(3) of

this Section, the Authority may require an agency or a labor

organization to cease and desist from violations of this Order and

require it to take such affirmative action as the Authority

considers appropriate to effectuate the policies of this Order.

(f) In performing the duties imposed on it by this Section, the

Authority may request and use the services and assistance of

employees of other agencies in accordance with Section 1 of the Act

of March 4, 1915 (38 Stat. 1084, as amended; 31 U.S.C. 686) (31

U.S.C. 1535).

Sec. 5. Powers and Duties of the Federal Service Impasses Panel.

(a) There is hereby established the Federal Service Impasses Panel

as a distinct organizational entity within the Authority. The Panel

consists of at least three members appointed by the President, one

of whom he designates as chairman. The Authority shall provide the

services and staff assistance needed by the Panel.

(b) The Panel may consider negotiation impasses as provided in

section 17 of this Order and may take any action it considers

necessary to settle an impasse.

its function under this Order.

Sec. 6. Powers and Duties of the Office of the General Counsel

and the Assistant Secretary of Labor for Labor-Management

Relations.

(a) The General Counsel is authorized, upon direction by the

Authority, to:

(1) investigate complaints of violations of Section 19 of this

Order;

(2) make final decisions as to whether to issue unfair labor

practice complaints and prosecute such complaints before the

Authority;

(3) direct and supervise all employees in the Office of General

Counsel, including employees of the General Counsel in the regional

office of the Authority;

(4) perform such other duties as the Authority may prescribe; and

(5) prescribe regulations needed to administer his functions

under this Order.

(b) The Assistant Secretary shall:

(1) decide alleged violations of the standards of conduct for

labor organizations, established in Section 18 of this Order; and

(2) prescribe regulations needed to administer his functions

under this Order.

the Assistant Secretary may require a labor organization to cease

and desist from violations of this Order and require it to take

such affirmative action as he considers appropriate to effectuate

the policies of this Order.

(d) In performing the duties imposed on them by this Section, the

General Counsel and the Assistant Secretary may request and use the

services and assistance of employees of other agencies in

accordance with Section 1 of the Act of March 4, 1915 (38 Stat.

1084, as amended; 31 U.S.C. 686) (31 U.S.C. 1535).

RECOGNITION

Sec. 7. Recognition in general. (a) An agency shall accord

exclusive recognition or national consultation rights at the

request of a labor organization which meets the requirements for

the recognition or consultation rights under this Order.

(b) A labor organization seeking recognition shall submit to the

agency a roster of its officers and representatives, a copy of its

constitution and by-laws, and a statement of its objectives.

the recognition continues as long as the organization continues to

meet the requirements of this Order applicable to that recognition,

except that this section does not require an election to determine

whether an organization should become, or continue to be recognized

as, exclusive representative of the employees in any unit or

subdivision thereof within 12 months after a prior valid election

with respect to such unit.

(d) Recognition of a labor organization does not -

(1) preclude an employee, regardless of whether he is in a unit

of exclusive recognition, from exercising grievance or appellate

rights established by law or regulation, or from choosing his own

representative in a grievance or appellate action, except when the

grievance is covered under a negotiated procedure as provided in

section 13;

(2) preclude or restrict consultations and dealings between an

agency and a veterans organization with respect to matters of

particular interest to employees with veterans preference; or

(3) preclude an agency from consulting or dealing with a

religious, social, fraternal, professional or other lawful

association, not qualified as a labor organization, with respect to

matters or policies which involve individual members of the

association or are of particular applicability to it or its

members. Consultations and dealings under subparagraph (3) of this

paragraph shall be so limited that they do not assume the character

of formal consultation on matters of general employee-management

policy covering employees in that unit or extend to areas where

recognition of the interests of one employee group may result in

discrimination against or injury to the interests of other

employees.

(e) (Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.)

(f) Informal recognition or formal recognition shall not be

accorded.

Sec. 8. (Revoked by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R.

17319.)

Sec. 9. National consultation rights. (a) An agency shall accord

national consultation rights to a labor organization which

qualifies under criteria established by the Federal Labor Relations

Authority as the representative of a substantial number of

employees of the agency. National consultation rights shall not be

accorded for any unit where a labor organization already holds

exclusive recognition at the national level for that unit. The

granting of national consultation rights does not preclude an

agency from appropriate dealings at the national level with other

organizations on matters affecting their members. An agency shall

terminate national consultation rights when the labor organization

ceases to qualify under the established criteria.

(b) When a labor organization has been accorded national

consultation rights, the agency, through appropriate officials,

shall notify representatives of the organization of proposed

substantive changes in personnel policies that affect employees it

represents and provide an opportunity for the organization to

comment on the proposed changes. The labor organization may

suggest changes in the agency's personnel policies and have its

views carefully considered. It may consult in person at reasonable

times, on request, with appropriate officials on personnel policy

matters, and at all times present its views thereon in writing. An

agency is not required to consult with a labor organization on any

matter on which it would not be required to meet and confer if the

organization were entitled to exclusive recognition.

national consultation rights may be referred to the Authority for

decision.

Sec. 10. Exclusive recognition. (a) An agency shall accord

exclusive recognition to a labor organization when the organization

has been selected, in a secret ballot election, by a majority of

the employees in an appropriate unit as their representative;

provided that this section shall not preclude an agency from

according exclusive recognition to a labor organization, without an

election, where the appropriate unit is established through the

consolidation of existing exclusively recognized units represented

by that organization.

(b) A unit may be established on a plant or installation, craft,

functional, or other basis which will ensure a clear and

identifiable community of interest among the employees concerned

and will promote effective dealings and efficiency of agency

operations. A unit shall not be established solely on the basis of

the extent to which employees in the proposed unit have organized,

nor shall a unit be established if it includes -

(1) any management official or supervisor, except as provided in

section 24;

(2) an employee engaged in Federal personnel work in other than a

purely clerical capacity; or

(3) (Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.)

(4) both professional and nonprofessional employees, unless a

majority of the professional employees vote for inclusion in the

unit. Questions as to the appropriate unit and related issues may

be referred to the Authority for decision.

(d) All elections shall be conducted under the supervision of the

Authority, or persons designated by it, and shall be by secret

ballot. Each employee eligible to vote shall be provided the

opportunity to choose the labor organization he wishes to represent

him, from among those on the ballot, or ''no union'', except as

provided in subparagraph (4) of this paragraph. Elections may be

held to determine whether -

(1) a labor organization should be recognized as the exclusive

representative of employees in a unit;

(2) a labor organization should replace another labor

organization as the exclusive representative;

(3) a labor organization should cease to be the exclusive

representative; or

(4) a labor organization should be recognized as the exclusive

representative of employees in a unit composed of employees in

units currently represented by that labor organization or continue

to be recognized in the existing separate units.

(e) When a labor organization has been accorded exclusive

recognition, it is the exclusive representative of employees in the

unit and is entitled to act for and to negotiate agreements

covering all employees in the unit. It is responsible for

representing the interests of all employees in the unit without

discrimination and without regard to labor organization

membership. The labor organization shall be given the opportunity

to be represented at formal discussions between management and

employees or employee representatives concerning grievances,

personnel policies and practices, or other matters affecting

general working conditions of employees in the unit.

AGREEMENTS

Sec. 11. Negotiation of agreements. (a) An agency and a labor

organization that has been accorded exclusive recognition, through

appropriate representatives, shall meet at reasonable times and

confer in good faith with respect to personnel policies and

practices and matters affecting working conditions, so far as may

be appropriate under applicable laws and regulations, including

policies set forth in the Federal Personnel Manual; published

agency policies and regulations for which a compelling need exists

under criteria established by the Federal Labor Relations Authority

and which are issued at the agency headquarters level or at the

level of a primary national subdivision; a national or other

controlling agreement at a higher level in the agency; and this

order. They may negotiate an agreement, or any question arising

thereunder; determine appropriate techniques, consistent with

section 17 of this order, to assist in such negotiation; and

execute a written agreement or memorandum of understanding.

(b) In prescribing regulations relating to personnel policies and

practices and working conditions, an agency shall have due regard

for the obligation imposed by paragraph (a) of this section.

However, the obligation to meet and confer does not include matters

with respect to the mission of an agency; its budget; its

organization; the number of employees; and the numbers, types, and

grades of positions or employees assigned to an organizational

unit, work project or tour of duty; the technology of performing

its work; or its internal security practices. This does not

preclude the parties from negotiating agreements providing

appropriate arrangements for employees adversely affected by the

impact of realignment of work forces or technological change.

whether a proposal is contrary to law, regulation, controlling

agreement, or this order and therefore not negotiable, it shall be

resolved as follows:

(1) An issue which involves interpretation of a controlling

agreement at a higher agency level is resolved under the procedures

of the controlling agreement, or, if none, under agency

regulations;

(2) An issue other than as described in subparagraph (1) of this

paragraph which arises at a local level may be referred by either

party to the head of the agency for determination;

(3) An agency head's determination as to the interpretation of

the agency's regulations with respect to a proposal is final;

(4) A labor organization may appeal to the Authority for a

decision when -

(i) it disagrees with an agency head's determination that a

proposal would violate applicable law, regulation of appropriate

authority outside the agency, or this order, or

(ii) it believes that an agency's regulations, as interpreted by

the agency head, violate applicable law, regulation of appropriate

authority outside the agency, or this order, or are not otherwise

applicable to bar negotiations under paragraph (a) of this section.

(d) (Revoked by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055.)

Sec. 12. Basic provisions of agreements. Each agreement between

an agency and a labor organization is subject to the following

requirements -

(a) in the administration of all matters covered by the

agreement, officials and employees are governed by existing or

future laws and the regulations of appropriate authorities,

including policies set forth in the Federal Personnel Manual; by

published agency policies and regulations in existence at the time

the agreement was approved; and by subsequently published agency

policies and regulations required by law or by the regulations of

appropriate authorities, or authorized by the terms of a

controlling agreement at a higher agency level;

(b) management officials of the agency retain the right, in

accordance with applicable laws and regulations -

(1) to direct employees of the agency;

(2) to hire, promote, transfer, assign, and retain employees in

positions within the agency, and to suspend, demote, discharge, or

take other disciplinary action against employees;

(3) to relieve employees from duties because of lack of work or

for other legitimate reasons;

(4) to maintain the efficiency of the Government operations

entrusted to them;

(5) to determine the methods, means, and personnel by which such

operations are to be conducted; and

(6) to take whatever actions may be necessary to carry out the

mission of the agency in situations of emergency; and

or to remain a member of a labor organization, or to pay money to

the organization except pursuant to a voluntary written

authorization by a member for the payment of dues through payroll

deductions. The requirements of this section shall be expressly

stated in the initial or basic agreement and apply to all

supplemental, implementing, subsidiary, or informal agreements

between the agency and the organization.

Sec. 13. Grievance and arbitration procedures. (a) An agreement

between an agency and a labor organization shall provide a

procedure, applicable only to the unit, for the consideration of

grievances. The coverage and scope of the procedure shall be

negotiated by the parties to the agreement with the exception that

it may not cover matters for which a statutory appeal procedure

exists and so long as it does not otherwise conflict with statute

or this order. It shall be the exclusive procedure available to

the parties and the employees in the unit for resolving grievances

which fall within its coverage. However, any employee or group of

employees in the unit may present such grievances to the agency and

have them adjusted, without the intervention of the exclusive

representative, as long as the adjustment is not inconsistent with

the terms of the agreement and the exclusive representative has

been given opportunity to be present at the adjustment.

(b) A negotiated procedure may provide for arbitration of

grievances. Arbitration may be invoked only by the agency or the

exclusive representative. Either party may file exceptions to an

arbitrator's award with the Authority, under regulations prescribed

by the Authority.

(d) Questions that cannot be resolved by the parties as to

whether or not a grievance is on a matter for which a statutory

appeal procedure exists, shall be referred to the Authority for

decision. Other questions as to whether or not a grievance is on a

matter subject to the grievance procedure in an existing agreement,

or is subject to arbitration under that agreement, may by agreement

of the parties be submitted to arbitration or may be referred to

the Authority for decision.

(e) (Revoked.)

Sec. 14. (Revoked by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R.

17319.)

Sec. 15. Approval of agreements. An agreement with a labor

organization as the exclusive representative of employees in a unit

is subject to the approval of the head of the agency or an official

designated by him. An agreement shall be approved within

forty-five days from the date of its execution if it conforms to

applicable laws, the order, existing published agency policies and

regulations (unless the agency has granted an exception to a policy

or regulation) and regulations of other appropriate authorities.

An agreement which has not been approved or disapproved within

forty-five days from the date of its execution shall go into effect

without the required approval of the agency head and shall be

binding on the parties subject to the provisions of law, the order

and the regulations of appropriate authorities outside the agency.

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 agency

regulations.

NEGOTIATION DISPUTES AND IMPASSES

Sec. 16. Negotiation disputes. The Federal Mediation and

Conciliation Service shall provide services and assistance to

Federal agencies and labor organizations in the resolution of

negotiation disputes. The Service shall determine under what

circumstances and in what manner it shall proffer its services.

Sec. 17. Negotiation impasses. When voluntary arrangements,

including the services of the Federal Mediation and Conciliation

Service or other third-party mediation, fail to resolve a

negotiation impasse, either party may request the Federal Service

Impasses Panel to consider the matter. The Panel, in its

discretion and under the regulations it prescribes, may consider

the matter and may recommend procedures to the parties for the

resolution of the impasse or may settle the impasse by appropriate

action. Arbitration or third-party fact finding with

recommendations to assist in the resolution of an impasse may be

used by the parties only when authorized or directed by the Panel.

CONDUCT OF LABOR ORGANIZATIONS AND MANAGEMENT

Sec. 18. Standards of conduct for labor organizations.

(a) An agency shall accord recognition only to a labor

organization that is free from corrupt influences and influences

opposed to basic democratic principles. Except as provided in

paragraph (b) of this section, an organization is not required to

prove that it has the required freedom when it is subject to

governing requirements adopted by the organization or by a national

or international labor organization or federation of labor

organizations 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 to participation in the affairs of the

organization, to fair and equal treatment under the governing rules

of the organization, and to fair process in disciplinary

proceedings;

(2) the exclusion from office in the organization of persons

affiliated with Communist or other totalitarian movements and

persons 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; and

(4) the maintenance of fiscal integrity in the conduct of the

affairs of the organization, including provision for accounting and

financial controls and regular financial reports or summaries to be

made available to members.

(b) Notwithstanding the fact that a labor organization has

adopted or subscribed to standards of conduct as provided in

paragraph (a) of this section, the organization is required to

furnish evidence of its freedom from corrupt influences or

influences opposed to basic democratic principles when 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 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 paragraph (a) of this section; or

(2) the organization is in fact subject to influences that would

preclude recognition under this Order.

representative of employees under this Order shall file financial

and other reports, provide for bonding of officials and employees

of the organization, and comply with trusteeship and election

standards.

(d) The Assistant Secretary shall prescribe the regulations

needed to effectuate this section. These regulations shall conform

generally to the principles applied to unions in the private

sector. Complaints of violations of this section shall be filed

with the Assistant Secretary.

Sec. 19. Unfair labor practices. (a) Agency management shall not

(1) interfere with, restrain, or coerce an employee in the

exercise of the rights assured by this Order;

(2) encourage or discourage membership in a labor organization by

discrimination in regard to hiring, tenure, promotion, or other

conditions of employment;

(3) sponsor, control, or otherwise assist a labor organization,

except that an agency may furnish customary and routine services

and facilities under section 23 of this Order when consistent with

the best interests of the agency, its employees, and the

organization, and when the services and facilities are furnished,

if requested, on an impartial basis to organizations having

equivalent status;

(4) discipline or otherwise discriminate against an employee

because he has filed a complaint or given testimony under this

Order;

(5) refuse to accord appropriate recognition to a labor

organization qualified for such recognition; or

(6) refuse to consult, confer, or negotiate with a labor

organization as required by this Order.

(b) A labor organization shall not -

(1) interfere with, restrain, or coerce an employee in the

exercise of his rights assured by this Order;

(2) attempt to induce agency management to coerce an employee in

the exercise of his rights under this Order;

(3) coerce, attempt to coerce, or discipline, fine, or take other

economic sanction against a member of the organization as

punishment or reprisal for, or for the purpose of hindering or

impeding his work performance, his productivity, or the discharge

of his duties owed as an officer or employee of the United States;

(4) call or engage in a strike, work stoppage, or slowdown;

picket an agency in a labor-management dispute; or condone any such

activity by failing to take affirmative action to prevent or stop

it;

(5) discriminate against an employee with regard to the terms or

conditions of membership because of race, color, creed, sex, age,

or national origin; or

(6) refuse to consult, confer, or negotiate with an agency as

required by this Order.

shall not deny membership to any employee in the appropriate unit

except for failure to meet reasonable occupational standards

uniformly required for admission, or for failure to tender

initiation fees and dues uniformly required as a condition of

acquiring and retaining membership. This paragraph does not

preclude a labor organization from enforcing discipline in

accordance with procedures under its constitution or by-laws which

conform to the requirements of this Order.

(d) Issues which can properly be raised under an appeals

procedure may not be raised under this section. Issues which can

be raised under a grievance procedure may, in the discretion of the

aggrieved party, be raised under that procedure or the complaint

procedure under this section, but not under both procedures.

Appeals or grievance decisions shall not be construed as unfair

labor practice decisions under this Order nor as precedent for such

decisions. All complaints under this section that cannot be

resolved by the parties shall be filed with the Authority.

MISCELLANEOUS PROVISIONS

Sec. 20. Use of official time. Solicitation of membership or

dues, and other internal business of a labor organization, shall be

conducted during the non-duty hours of the employees concerned.

Employees who represent a recognized labor organization shall not

be on official time when negotiating an agreement with agency

management, except to the extent that the negotiating parties agree

to other arrangements which may provide that the agency will either

authorize official time for up to 40 hours or authorize up to

one-half the time spent in negotiations during regular working

hours, for a reasonable number of employees, which number normally

shall not exceed the number of management representatives.

Sec. 21. Allotment of dues. (a) When a labor organization holds

formal or exclusive recognition, and the agency and the

organization agree in writing to this course of action, an agency

may deduct the regular and periodic dues of the organization from

the pay of members of the organization in the unit of recognition

who make a voluntary allotment for that purpose, and shall recover

the costs of making the deductions. Such an allotment is subject

to the regulations of the Office of Personnel Management, which

shall include provision for the employee to revoke his

authorization at stated six-month intervals. Such an allotment

terminates when -

(1) the dues withholding agreement between the agency and the

labor organization is terminated or ceases to be applicable to the

employee; or

(2) the employee has been suspended or expelled from the labor

organization.

(b) (Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.)

Sec. 22. Adverse action appeals. The head of each agency, in

accordance with the provisions of this Order and regulations

prescribed by the Office of Personnel Management, shall extend to

all employees in the competitive civil service rights identical in

adverse action cases to those provided preference eligibles under

sections 7511-7512 of title 5 of the United States Code. Each

employee in the competitive service shall have the right to appeal

to the Merit Systems Protection Board from an adverse decision of

the administrative officer so acting, such appeal to be processed

in an identical manner to that provided for appeals under section

7701 of title 5 of the United States Code. Any recommendation by

the Merit Systems Protection Board submitted to the head of an

agency on the basis of an appeal by an employee in the competitive

service shall be complied with by the head of the agency.

Sec. 23. Agency implementation. No later than April 1, 1970,

each agency shall issue appropriate policies and regulations

consistent with this Order for its implementation. This includes

but is not limited to a clear statement of the rights of its

employees under this Order; procedures with respect to recognition

of labor organizations, determination of appropriate units,

consultation and negotiation with labor organizations, approval of

agreements, mediation, and impasse resolution; policies with

respect to the use of agency facilities by labor organizations; and

policies and practices regarding consultation with other

organizations and associations and individual employees. Insofar

as practicable, agencies shall consult with representatives of

labor organizations in the formulation of these policies and

regulations.

Sec. 24. Savings clauses. (a) This Order does not preclude -

(1) the renewal or continuation of a lawful agreement between an

agency and a representative of its employees entered into before

the effective date of Executive Order No. 10988 (January 17, 1962);

(2) the renewal, continuation, or initial according of

recognition for units of management officials or supervisors

represented by labor organizations which historically or

traditionally represent the management officials or supervisors in

private industry and which hold exclusive recognition for units of

such officials or supervisors in any agency on the date of this

Order.

(b) All grants of informal recognition under Executive Order No.

10988 terminate on July 1, 1970.

10988 terminate under regulations which the Federal Labor Relations

Council shall issue before October 1, 1970.

(d) By not later than December 31, 1970, all supervisors shall be

excluded from units of formal and exclusive recognition and from

coverage by negotiated agreements, except as provided in paragraph

(a) of this section.

Sec. 25. Guidance, training, review and information. (a) The

Office of Personnel Management, in conjunction with the Director of

the Office of Management and Budget, shall establish and maintain a

program for the policy guidance of agencies on labor-management

relations in the Federal service and shall periodically review the

implementation of these policies. The Office of Personnel

Management shall be responsible for the day-to-day policy guidance

under that program. The Office of Personnel Management also shall

continuously review the operation of the Federal labor-management

relations program to assist in assuring adherence to its provisions

and merit system requirements; implement technical advice and

information programs for the agencies; assist in the development of

programs for training agency personnel and management officials in

labor-management relations; and, from time to time, report to the

Authority on the state of the program with any recommendations for

its improvement.

(b) The Office of Personnel Management shall develop programs for

the collection and dissemination of information appropriate to the

needs of agencies, organizations and the public.

Sec. 26. Effective date. This Order is effective on January 1,

1970, except sections 7(f) and 8 which are effective immediately.

Effective January 1, 1970, Executive Order No. 10988 and the

President's Memorandum of May 21, 1963, entitled Standards of

Conduct for Employee Organizations and Code of Fair Labor

Practices, are revoked.

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

EXECUTIVE ORDER NO. 12871

Ex. Ord. No. 12871, Oct. 1, 1993, 58 F.R. 52201, as amended by

Ex. Ord. No. 12983, Dec. 21, 1995, 60 F.R. 66855; Ex. Ord. No.

13156, Sec. 1, May 17, 2000, 65 F.R. 31785, which established the

National Partnership Council and required the head of certain

Government agencies to implement labor-management partnerships to

help reform Government, was revoked by Ex. Ord. No. 13203, Feb. 17,

2001, 66 F.R. 11227.

-CITE-

5 USC Sec. 7102 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7102. Employees' rights

-STATUTE-

Each employee shall have the right to form, join, or assist any

labor organization, or to refrain from any such activity, freely

and without fear of penalty or reprisal, and each employee shall be

protected in the exercise of such right. Except as otherwise

provided under this chapter, such right includes the right -

(1) to act for a labor organization in the capacity of a

representative and the right, in that capacity, to present the

views of the labor organization to heads of agencies and other

officials of the executive branch of the Government, the

Congress, or other appropriate authorities, and

(2) to engage in collective bargaining with respect to

conditions of employment through representatives chosen by

employees under this chapter.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1192.)

-MISC1-

PRIOR PROVISIONS

A prior section 7102, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

523, related to right of employees to petition Congress, prior to

the general amendment of this chapter by Pub. L. 95-454. See

section 7211 of this title.

PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS

Par. (2) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1351.

-CITE-

5 USC Sec. 7103 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7103. Definitions; application

-STATUTE-

(a) For the purpose of this chapter -

(1) ''person'' means an individual, labor organization, or

agency;

(2) ''employee'' means an individual -

(A) employed in an agency; or

(B) whose employment in an agency has ceased because of any

unfair labor practice under section 7116 of this title and who

has not obtained any other regular and substantially equivalent

employment, as determined under regulations prescribed by the

Federal Labor Relations Authority;

but does not include -

(i) an alien or noncitizen of the United States who occupies

a position outside the United States;

(ii) a member of the uniformed services;

(iii) a supervisor or a management official;

(iv) an officer or employee in the Foreign Service of the

United States employed in the Department of State, the

International Communication Agency, the Agency for

International Development, the Department of Agriculture, or

the Department of Commerce; or

(v) any person who participates in a strike in violation of

section 7311 of this title;

(3) ''agency'' means an Executive agency (including a

nonappropriated fund instrumentality described in section 2105(c)

of this title and the Veterans' Canteen Service, Department of

Veterans Affairs), the Library of Congress, the Government

Printing Office, and the Smithsonian Institution (FOOTNOTE 1) but

does not include -

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(A) the General Accounting Office;

(B) the Federal Bureau of Investigation;

(D) the National Security Agency;

(E) the Tennessee Valley Authority;

(F) the Federal Labor Relations Authority;

(G) the Federal Service Impasses Panel; or

(H) the United States Secret Service and the United States

Secret Service Uniformed Division.

(4) ''labor organization'' means an organization composed in

whole or in part of employees, in which employees participate and

pay dues, and which has as a purpose the dealing with an agency

concerning grievances and conditions of employment, but does not

include -

(A) an organization which, by its constitution, bylaws, tacit

agreement among its members, or otherwise, denies membership

because of race, color, creed, national origin, sex, age,

preferential or nonpreferential civil service status, political

affiliation, marital status, or handicapping condition;

(B) an organization which advocates the overthrow of the

constitutional form of government of the United States;

(D) an organization which participates in the conduct of a

strike against the Government or any agency thereof or imposes

a duty or obligation to conduct, assist, or participate in such

a strike;

(5) ''dues'' means dues, fees, and assessments;

(6) ''Authority'' means the Federal Labor Relations Authority

described in section 7104(a) of this title;

(7) ''Panel'' means the Federal Service Impasses Panel

described in section 7119(c) of this title;

(8) ''collective bargaining agreement'' means an agreement

entered into as a result of collective bargaining pursuant to the

provisions of this chapter;

(9) ''grievance'' means any complaint -

(A) by any employee concerning any matter relating to the

employment of the employee;

(B) by any labor organization concerning any matter relating

to the employment of any employee; or

(i) the effect or interpretation, or a claim of breach, of

a collective bargaining agreement; or

(ii) any claimed violation, misinterpretation, or

misapplication of any law, rule, or regulation affecting

conditions of employment;

(10) ''supervisor'' means an individual employed by an agency

having authority in the interest of the agency to hire, direct,

assign, promote, reward, transfer, furlough, layoff, recall,

suspend, discipline, or remove employees, to adjust their

grievances, or to effectively recommend such action, if the

exercise of the authority is not merely routine or clerical in

nature but requires the consistent exercise of independent

judgment, except that, with respect to any unit which includes

firefighters or nurses, the term ''supervisor'' includes only

those individuals who devote a preponderance of their employment

time to exercising such authority;

(11) ''management official'' means an individual employed by an

agency in a position the duties and responsibilities of which

require or authorize the individual to formulate, determine, or

influence the policies of the agency;

(12) ''collective bargaining'' means the performance of the

mutual obligation of the representative of an agency and the

exclusive representative of employees in an appropriate unit in

the agency to meet at reasonable times and to consult and bargain

in a good-faith effort to reach agreement with respect to the

conditions of employment affecting such employees and to execute,

if requested by either party, a written document incorporating

any collective bargaining agreement reached, but the obligation

referred to in this paragraph does not compel either party to

agree to a proposal or to make a concession;

(13) ''confidential employee'' means an employee who acts in a

confidential capacity with respect to an individual who

formulates or effectuates management policies in the field of

labor-management relations;

(14) ''conditions of employment'' means personnel policies,

practices, and matters, whether established by rule, regulation,

or otherwise, affecting working conditions, except that such term

does not include policies, practices, and matters -

(A) relating to political activities prohibited under

subchapter III of chapter 73 of this title;

(B) relating to the classification of any position; or

by Federal statute;

(15) ''professional employee'' means -

(A) an employee engaged in the performance of work -

(i) requiring knowledge of an advanced type in a field of

science or learning customarily acquired by a prolonged

course of specialized intellectual instruction and study in

an institution of higher learning or a hospital (as

distinguished from knowledge acquired by a general academic

education, or from an apprenticeship, or from training in the

performance of routine mental, manual, mechanical, or

physical activities);

(ii) requiring the consistent exercise of discretion and

judgment in its performance;

(iii) which is predominantly intellectual and varied in

character (as distinguished from routine mental, manual,

mechanical, or physical work); and

(iv) which is of such character that the output produced or

the result accomplished by such work cannot be standardized

in relation to a given period of time; or

(B) an employee who has completed the courses of specialized

intellectual instruction and study described in subparagraph

(A)(i) of this paragraph and is performing related work under

appropriate direction or guidance to qualify the employee as a

professional employee described in subparagraph (A) of this

paragraph;

(16) ''exclusive representative'' means any labor organization

which -

(A) is certified as the exclusive representative of employees

in an appropriate unit pursuant to section 7111 of this title;

(B) was recognized by an agency immediately before the

effective date of this chapter as the exclusive representative

of employees in an appropriate unit -

(i) on the basis of an election, or

(ii) on any basis other than an election,

and continues to be so recognized in accordance with the

provisions of this chapter;

(17) ''firefighter'' means any employee engaged in the

performance of work directly connected with the control and

extinguishment of fires or the maintenance and use of

firefighting apparatus and equipment; and

(18) ''United States'' means the 50 States, the District of

Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin

Islands, the Trust Territory of the Pacific Islands, and any

territory or possession of the United States.

(b)(1) The President may issue an order excluding any agency or

subdivision thereof from coverage under this chapter if the

President determines that -

(A) the agency or subdivision has as a primary function

intelligence, counterintelligence, investigative, or national

security work, and

(B) the provisions of this chapter cannot be applied to that

agency or subdivision in a manner consistent with national

security requirements and considerations.

(2) The President may issue an order suspending any provision of

this chapter with respect to any agency, installation, or activity

located outside the 50 States and the District of Columbia, if the

President determines that the suspension is necessary in the

interest of national security.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1192; amended Pub. L. 96-465, title II, Sec. 2314(g), Oct. 17,

1980, 94 Stat. 2168; Pub. L. 102-54, Sec. 13(b)(1), June 13, 1991,

105 Stat. 274; Pub. L. 103-359, title V, Sec. 501(j), Oct. 14,

1994, 108 Stat. 3430; Pub. L. 104-201, div. A, title XVI, Sec.

1634(a), Sept. 23, 1996, 110 Stat. 2752; Pub. L. 105-220, title

III, Sec. 341(e), Aug. 7, 1998, 112 Stat. 1092; Pub. L. 105-277,

div. G, subdiv. A, title XIV, Sec. 1422(b)(1), Oct. 21, 1998, 112

Stat. 2681-792; Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I,

Sec. 139), Dec. 21, 2000, 114 Stat. 2763, 2763A-235.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(3)(H). Pub. L. 106-554 added subpar. (H).

1998 - Subsec. (a)(2)(B)(iv). Pub. L. 105-277 substituted

''Agency for International Development'' for ''United States

International Development Cooperation Agency''.

Subsec. (a)(3). Pub. L. 105-220, in introductory provisions,

struck out ''and'' after ''Library of Congress,'' and inserted

''and the Smithsonian Institution'' after ''Government Printing

Office,''.

1996 - Subsec. (a)(3)(F) to (H). Pub. L. 104-201 inserted ''or''

at end of subpar. (F), substituted a period for ''; or'' at end of

subpar. (G), and struck out subpar. (H) which read as follows:

''the Central Imagery Office;''.

1994 - Subsec. (a)(3)(H). Pub. L. 103-359 added subpar. (H).

1991 - Subsec. (a)(3). Pub. L. 102-54 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1980 - Subsec. (a)(2)(iv). Pub. L. 96-465 struck out ''the Agency

for International Development, or'' after ''Department of State,''

and inserted ''the United States International Development

Cooperation Agency, the Department of Agriculture, or the

Department of Commerce'' after ''Communication Agency''.

-CHANGE-

CHANGE OF NAME

International Communication Agency, referred to in subsec.

(a)(2)(B)(iv), redesignated United States Information Agency and

Director or any other official of International Communication

Agency redesignated as Director or other official, as appropriate,

of United States Information Agency by section 303 of Pub. L.

97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note

under section 1461 of Title 22, Foreign Relations and Intercourse.

United States Information Agency (other than Broadcasting Board of

Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State by sections 6531 and

6532 of Title 22.

-MISC4-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section

1401 of Pub. L. 105-277, set out as an Effective Date note under

section 6561 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1635 of Pub. L. 104-201, set out as a note under section 1593 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-EXEC-

EX. ORD. NO. 12171. EXCLUSIONS FROM COVERAGE OF PROGRAM

Ex. Ord. No. 12171, Nov. 19, 1979, 44 F.R. 66565, as amended by

Ex. Ord. No. 12338, Jan. 11, 1982, 47 F.R. 1369; Ex. Ord. No.

12410, Mar. 28, 1983, 48 F.R. 13143; Ex. Ord. No. 12559, May 20,

1986, 51 F.R. 18761; Ex. Ord. No. 12632, Mar. 23, 1988, 53 F.R.

9852; Ex. Ord. No. 12666, Jan. 12, 1989, 54 F.R. 1921; Ex. Ord. No.

12671, Mar. 14, 1989, 54 F.R. 11157; Ex. Ord. No. 12681, July 6,

1989, 54 F.R. 28997; Ex. Ord. No. 12693, Sept. 29, 1989, 54 F.R.

40629; Ex. Ord. No. 13039, Mar. 11, 1997, 62 F.R. 12529; Ex. Ord.

No. 13252, Jan. 7, 2002, 67 F.R. 1601, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including Section

7103(b) of Title 5 of the United States Code, and in order to

exempt certain agencies or subdivisions thereof from coverage of

the Federal Labor-Management Relations Program, it is hereby

ordered as follows:

1-1. DETERMINATIONS

1-101. The agencies or subdivisions thereof set forth in Section

1-2 of this Order are hereby determined to have as a primary

function intelligence, counterintelligence, investigative, or

national security work. It is also hereby determined that Chapter

71 of Title 5 of the United States Code cannot be applied to those

agencies or subdivisions in a manner consistent with national

security requirements and considerations. The agencies or

subdivisions thereof set forth in Section 1-2 of this Order are

hereby excluded from coverage under Chapter 71 of Title 5 of the

United States Code.

1-102. Having determined that it is necessary in the interest of

national security, the provisions of Chapter 71 of Title 5 of the

United States Code are suspended with respect to any agency,

installation, or activity listed in Section 1-3 of this Order.

However, such suspension shall be applicable only to that portion

of the agency, installation, or activity which is located outside

the 50 States and the District of Columbia.

1-2. EXCLUSIONS

1-201. The Information Security Oversight Office, General

Services Administration.

1-202. The Federal Research Division, Research Services, the

Library of Congress.

1-203. Agencies or subdivisions of the Department of the

Treasury:

(a) The U.S. Secret Service.

(b) The U.S. Secret Service Uniformed Division.

Security).

(d) The Office of Intelligence Support (OIS).

(e) The Office of the Assistant Secretary (Enforcement and

Operations) (OEO).

(f) The Office of Criminal Enforcement, Bureau of Alcohol,

Tobacco, and Firearms.

(g) The Office of Enforcement (Headquarters and Regional

Components), U.S. Customs Service.

(h) The Criminal Investigation Division, Internal Revenue

Service.

1-204. Agencies or subdivisions of the Department of the Army,

Department of Defense:

(a) Office of Assistant Chief of Staff for Intelligence.

(b) U.S. Army Intelligence and Security Command.

(d) U.S. Army Intelligence Center and School.

(e) U.S. Army Missile Intelligence Agency.

(f) Foreign Intelligence Office, U.S. Army Missile Research and

Development Command.

1-205. Agencies or subdivisions of the Department of the Navy,

Department of Defense:

(a) Office of Naval Intelligence.

(b) Naval Intelligence Command Headquarters and Subordinate

Commands.

(d) Naval Security Group Activities and Detachments.

(e) Fleet Intelligence Center, Europe and Atlantic (FICEURLANT).

(f) Fleet Intelligence Center, Pacific (FICPAC).

(g) Units composed primarily of employees engaged in the

operation, repair, and/or maintenance of ''off line'' or ''on

line'' cryptographic equipment.

(h) Units composed primarily of employees of naval

telecommunications activities in positions which require a

cryptographic authorization.

(i) Naval Special Warfare Development Group.

1-206. Agencies or subdivisions of the Department of the Air

Force, Department of Defense:

(a) Office of Space Systems, Office of the Secretary of the Air

Force.

(b) Office of Special Projects, Office of the Secretary of the

Air Force.

(Air Force Systems Command).

(d) Program Control Office, Space and Missile Systems

Organization (Air Force Systems Command).

(e) Detachment 3, Space and Missile Systems Organization (Air

Force Systems Command).

(f) Defense Dissemination Systems Program Office, Space and

Missile Systems Organization (Air Force Systems Command).

(g) Satellite Data System Program Office, Space and Missile

Systems Organization (Air Force Systems Command).

(h) Project Office at El Segundo, California, Office of the

Secretary of the Air Force.

(i) Project Office at Patrick Air Force Base, Florida, Office of

the Secretary of the Air Force.

(j) Project Office at Fort Myer, Virginia, Office of the

Secretary of the Air Force.

(k) Air Force Office of Special Investigations.

(l) U.S. Air Force Security Service.

(m) Foreign Technology Division, Air Force Systems Command,

Wright-Patterson Air Force Base.

(n) 1035 Technical Operations Group (Air Force Technical

Applications Center), Air Force Systems Command, and subordinate

units.

(o) 3480 Technical Training Wing, Air Training Command,

Goodfellow Air Force Base, Texas.

(p) Office of the Assistant Chief of Staff, Intelligence.

(q) Air Force Intelligence Service.

1-207. The Defense Intelligence Agency, Department of Defense.

1-208. The Defense Investigative Service, Department of Defense.

1-209. Agencies or subdivisions of the Department of Justice:

a. The Office of Enforcement and the Office of Intelligence,

including all domestic field offices and intelligence units, of the

Drug Enforcement Administration.

b. The Office of Special Operations, the Threat Analysis Group,

the Enforcement Operations Division, the Witness Security Division

and the Court Security Division in the Office of the Director and

the Enforcement Division in Offices of the United States Marshals

in the United States Marshals Service.

(d) Criminal Division.

(e) INTERPOL - U.S. National Central Bureau.

(f) National Drug Intelligence Center.

(g) Office of Intelligence Policy and Review.

1-210. Agencies or subdivisions of the Department of Energy.

(a) The Albuquerque, Nevada and Savannah River operations offices

under the Under Secretary of Energy.

(b) Offices of the Assistant Secretary for Defense Programs.

1-211. Offices within the Agency for International Development:

(a) The Immediate Office of the Auditor General.

(b) The Office of Inspections and Investigations.

(d) The Office of the Area Auditor General/Washington.

1-212. Agencies or subdivisions under the operational

jurisdiction of the Joint Chiefs of Staff (JCS).

(a) Intelligence Division (J-2), Headquarters Atlantic Command

(LANTCOM).

(b) Atlantic Command Electronic Intelligence Center.

Command (USEUCOM).

(d) Special Security Office (SSO), Headquarters U.S. European

Command (USEUCOM).

(e) European Defense Analysis Center (EUDAC).

(f) Intelligence Directorate (J-2), Headquarters Pacific Command

(PACOM).

(g) Intelligence Center Pacific (IPAC).

(h) Intelligence Directorate (J-2), Headquarters U.S. Southern

Command (USSOUTHCOM).

(i) Intelligence Directorate (J-2), Headquarters U.S. Readiness

Command (USREDCOM)/Joint Deployment Agency.

(j) Deputy Chief of Staff/Intelligence, Headquarters Strategic

Air Command (SAC).

(k) 544th Strategic Intelligence Wing, Strategic Air Command

(SAC).

(l) Deputy Chief of Staff/Intelligence, Headquarters 15th Air

Force, Strategic Air Command (SAC).

(m) Deputy Chief of Staff/Intelligence, Headquarters 8th Air

Force, Strategic Air Command (SAC).

(n) Strategic Reconnaissance Center, Headquarters Strategic Air

Command (SAC).

(o) 6th Strategic Wing, Strategic Air Command (SAC).

(p) 9th Strategic Reconnaissance Wing, Strategic Air Command

(SAC).

(q) 55th Strategic Reconnaissance Wing, Strategic Air Command

(SAC).

(r) 306th Strategic Wing, Strategic Air Command (SAC).

(s) 376th Strategic Wing, Strategic Air Command (SAC).

(t) Deputy Chief of Staff/Operations Plans, Headquarters

Strategic Air Command (SAC).

(u) The Joint Strategic Target Planning Staff (JSTPS).

(v) The Joint Special Operations Command (JSOC) and all elements

under its operational control.

1-213. The subdivisions of the Federal Aviation Administration,

Department of Transportation:

(a) Federal Air Marshal Branch, International Civil Aviation

Security Division, Office of Civil Aviation Security.

(b) Units composed of Civil Aviation Security Inspectors in Civil

Aviation Security divisions whose responsibilities require Federal

air marshal functions.

1-214. Subdivisions of the National Preparedness Directorate of

the Federal Emergency Management Agency.

(a) Office of Associate Director.

(b) Office of Analysis and Support.

(d) The following offices of the Office of Systems Engineering.

(1) Office of the Assistant Associate Director.

(2) NEMS-DCWS Program Office.

(3) Systems Design Division.

(4) Telecommunications Systems Development Division.

(5) Systems Support Division.

(e) The following offices of the Office of Operations.

(1) Office of the Assistant Associate Director.

(2) Planning Division.

(3) The following branches of the Readiness Division.

(A) Exercise Branch.

(B) Operations Branch.

(D) Alternate National Warning Center.

(4) Mobile Emergency Response Support Operations Divisions.

(5) Federal Agency Support and Coordination Division.

(f) The following offices in the Office of Information Resource

Management.

(1) Office of the Assistant Associate Director.

(2) Information Systems Policy, Planning and Evaluation Policy

and Planning Branch.

(3) Information Systems Application Branch.

(4) EICC Support Center.

1-215. The Defense Mapping Agency Reston Center, Department of

Defense.

1-3. UNITS OUTSIDE THE 50 STATES AND THE DISTRICT OF COLUMBIA

1-301. The Drug Enforcement Administration, Department of

Justice.

EX. ORD. NO. 12391. PARTIAL SUSPENSION OF FEDERAL SERVICE

LABOR-MANAGEMENT RELATIONS

Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including Section

7103(b)(2) of Title 5 and Section 301 of Title 3 of the United

States Code, and having determined that it is necessary in the

interest of national security to suspend certain labor-management

relations provisions with respect to overseas activities of the

Department of Defense, it is hereby ordered as follows:

Section 1. Suspensions. With regard to United States citizen

employees of the Department of Defense, including the Military

Departments, who are employed outside the United States as defined

in 5 U.S.C. 7103(a)(18), with the exception of those employed in

the Republic of Panama:

(a) The provisions of 5 U.S.C. 7105(a)(2)(D), (E), (G), and (H)

and of 5 U.S.C. 7123(b) are suspended with respect to any matter

which substantially impairs 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;

(b) The provisions of 5 U.S.C. 7102(2), 7114(a)(1), 7114(a)(4),

7116(a)(5), and 7117(c) are 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;

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 nations; and

(d) The provisions of 5 U.S.C. 7121(b)(3)(C) are suspended with

respect to any grievance involving 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.

Sec. 2. Disputes. Disputes between a labor organization and the

United States Forces as to whether a particular matter is covered

by one or more of the suspensions set forth in this Order shall be

referred to the Secretary of Defense. The decision of the Secretary

in such disputes shall be made after consultation with the

Secretary of State and shall be final. The Secretary of Defense

may delegate this authority, but only to the Deputy Secretary of

Defense, an Under Secretary of Defense, or an Assistant Secretary

of Defense. The functions assigned to the Secretary of State may

not be delegated or assigned to anyone below the rank of an

Assistant Secretary of State. Ronald Reagan.

EX. ORD. NO. 12632. EXCLUSIONS FROM FEDERAL LABOR-MANAGEMENT

RELATIONS PROGRAM

Ex. Ord. No. 12632, Mar. 23, 1988, 53 F.R. 9852, provided:

By virtue of the authority vested in me as President by the

Constitution and laws of the United States of America, including

Section 7103(b) of Title 5 of the United States Code, and in order

to exempt certain agencies or subdivisions thereof from coverage of

the Federal Labor-Management Relations Program, it is hereby

ordered as follows:

Section 1. Determinations. The agencies or subdivisions thereof

set forth in Section 3 of this Order are hereby determined to have

as a primary function intelligence, counterintelligence,

investigative, or national security work. It is also hereby

determined that Chapter 71 of Title 5 of the United States Code

cannot be applied to these agencies or subdivisions in a manner

consistent with national security requirements and considerations.

These agencies or subdivisions thereof are hereby excluded from

coverage under Chapter 71 of Title 5 of the United States Code.

Sec. 2. Relationship to Executive Order No. 12559. The

determinations set forth in Section 1 of this Order are the same

determinations that I made at the time of and as a predicate to my

issuance on May 20, 1986, of Executive Order No. 12559 (amending

Ex. Ord. No. 12171, set out as a note above), which was issued for

the same purpose as this Order. On July 10, 1987, Executive Order

No. 12559 was held by a United States District Court to be

incomplete as a matter of form, and therefore invalid, because it

did not expressly set forth these determinations. AFGE v. Reagan,

Civil No. 86-1587 (D.D.C.). These determinations were not expressly

set forth in the text of Executive Order No. 12559 because all that

Order did was amend Executive Order No. 12171 (set out as a note

above) by adding the agencies or subdivisions referred to in

Section 1 of this Order to the list in Executive Order No. 12171 of

entities excluded from coverage of the Federal Labor-Management

Relations Program, and these determinations were already expressly

set forth in the text of Executive Order No. 12171, which remains

in effect (as amended). This Order is not intended to reflect any

belief that the form of Executive Order No. 12559 was invalid, but

is intended solely to accomplish the purpose of that Order.

Sec. 3. Amendment of Executive Order No. 12171. Executive Order

No. 12171 is amended by deleting Section 1-209 and inserting in its

place:

Sec. 1-209. Agencies or subdivisions of the Department of

Justice. (a) The Office of Enforcement and the Office of

Intelligence, including all domestic field offices and intelligence

units, of the Drug Enforcement Administration.

(b) The Office of Special Operations, the Threat Analysis Group,

the Enforcement Operations Division, the Witness Security Division

and the Court Security Division in the Office of the Director and

the Enforcement Division in Offices of the United States Marshals

in the United States Marshals Service. Ronald Reagan.

EX. ORD. NO. 13252. EXCLUSIONS FROM THE FEDERAL LABOR-MANAGEMENT

RELATIONS PROGRAM

Ex. Ord. No. 13252, Jan. 7, 2002, 67 F.R. 1601, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

7103(b)(1) of title 5, United States Code, and in order to exempt

certain subdivisions of the Department of Justice from coverage

under the Federal Labor-Management Relations Program, it is hereby

ordered as follows:

Section 1. Determinations. The subdivisions of the Department of

Justice set forth in section 2 of this order are hereby determined

to have as a primary function intelligence, counterintelligence,

investigative, or national security work. It is further determined

that chapter 71 of title 5, United States Code, cannot be applied

to these subdivisions in a manner consistent with national security

requirements and considerations.

Sec. 2. Amendment of Executive Order 12171. Executive Order 12171

of November 19, 1979, as amended, (set out above) is further

amended by adding to the end of section 1-209 the following new

subsections:

''(c) United States Attorneys' Offices.

('')(d) Criminal Division.

('')(e) INTERPOL - U.S. National Central Bureau.

('')(f) National Drug Intelligence Center.

('')(g) Office of Intelligence Policy and Review.''

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4703, 5596, 6121, 7323,

8473 of this title; title 2 section 1351; title 6 section 412;

title 7 section 7011; title 10 section 1614; title 22 sections

3701, 6613; title 38 section 711.

-CITE-

5 USC Sec. 7104 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7104. Federal Labor Relations Authority

-STATUTE-

(a) The Federal Labor Relations Authority is composed of three

members, not more than 2 of whom may be adherents of the same

political party. No member shall engage in any other business or

employment or hold another office or position in the Government of

the United States except as otherwise provided by law.

(b) Members of the Authority shall be appointed by the President

by and with the advice and consent of the Senate, and may be

removed by the President only upon notice and hearing and only for

inefficiency, neglect of duty, or malfeasance in office. The

President shall designate one member to serve as Chairman of the

Authority. The Chairman is the chief executive and administrative

officer of the Authority.

years. An individual chosen to fill a vacancy shall be appointed

for the unexpired term of the member replaced. The term of any

member shall not expire before the earlier of -

(1) the date on which the member's successor takes office, or

(2) the last day of the Congress beginning after the date on

which the member's term of office would (but for this paragraph)

expire.

(d) A vacancy in the Authority shall not impair the right of the

remaining members to exercise all of the powers of the Authority.

(e) The Authority shall make an annual report to the President

for transmittal to the Congress which shall include information as

to the cases it has heard and the decisions it has rendered.

(f)(1) The General Counsel of the Authority shall be appointed by

the President, by and with the advice and consent of the Senate,

for a term of 5 years. The General Counsel may be removed at any

time by the President. The General Counsel shall hold no other

office or position in the Government of the United States except as

provided by law.

(2) The General Counsel may -

(A) investigate alleged unfair labor practices under this

chapter,

(B) file and prosecute complaints under this chapter, and

Authority may prescribe.

(3) The General Counsel shall have direct authority over, and

responsibility for, all employees in the office of General Counsel,

including employees of the General Counsel in the regional offices

of the Authority.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1196; amended Pub. L. 98-224, Sec. 3, Mar. 2, 1984, 98 Stat. 47.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-224, Sec. 3(a), inserted provision

directing that Chairman be chief executive and administrative

officer.

Subsec. (c). Pub. L. 98-224, Sec. 3(b), substituted provision

that a member of Authority be appointed for a term of 5 years and

an individual chosen to fill a vacancy be appointed for unexpired

term of member replaced for provision that one original member of

Authority be appointed for a term of 1 year, one for a term of 3

years, and Chairman for a term of 5 years, and thereafter each

member be appointed for a term of 5 years.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in

subsection (e) of this section relating to transmittal to Congress

of an annual report on cases heard and decisions rendered, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 171 of House

Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7103 of this title; title

2 section 1351; title 22 section 4102.

-CITE-

5 USC Sec. 7105 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7105. Powers and duties of the Authority

-STATUTE-

(a)(1) The Authority shall provide leadership in establishing

policies and guidance relating to matters under this chapter, and,

except as otherwise provided, shall be responsible for carrying out

the purpose of this chapter.

(2) The Authority shall, to the extent provided in this chapter

and in accordance with regulations prescribed by the Authority -

(A) determine the appropriateness of units for labor

organization representation under section 7112 of this title;

(B) supervise or conduct elections to determine whether a labor

organization has been selected as an exclusive representative by

a majority of the employees in an appropriate unit and otherwise

administer the provisions of section 7111 of this title relating

to the according of exclusive recognition to labor organizations;

granting of national consultation rights under section 7113 of

this title;

(D) prescribe criteria and resolve issues relating to

determining compelling need for agency rules or regulations under

section 7117(b) of this title;

(E) resolves issues relating to the duty to bargain in good

faith under section 7117(c) of this title;

(F) prescribe criteria relating to the granting of consultation

rights with respect to conditions of employment under section

7117(d) of this title;

(G) conduct hearings and resolve complaints of unfair labor

practices under section 7118 of this title;

(H) resolve exceptions to arbitrator's awards under section

7122 of this title; and

(I) take such other actions as are necessary and appropriate to

effectively administer the provisions of this chapter.

(b) The Authority shall adopt an official seal which shall be

judicially noticed.

the District of Columbia, but the Authority may meet and exercise

any or all of its powers at any time or place. Except as otherwise

expressly provided by law, the Authority may, by one or more of its

members or by such agents as it may designate, make any appropriate

inquiry necessary to carry out its duties wherever persons subject

to this chapter are located. Any member who participates in the

inquiry shall not be disqualified from later participating in a

decision of the Authority in any case relating to the inquiry.

(d) The Authority shall appoint an Executive Director and such

regional directors, administrative law judges under section 3105 of

this title, and other individuals as it may from time to time find

necessary for the proper performance of its functions. The

Authority may delegate to officers and employees appointed under

this subsection authority to perform such duties and make such

expenditures as may be necessary.

(e)(1) The Authority may delegate to any regional director its

authority under this chapter -

(A) to determine whether a group of employees is an appropriate

unit;

(B) to conduct investigations and to provide for hearings;

and to direct an election; and

(D) to supervise or conduct secret ballot elections and certify

the results thereof.

(2) The Authority may delegate to any administrative law judge

appointed under subsection (d) of this section its authority under

section 7118 of this title to determine whether any person has

engaged in or is engaging in an unfair labor practice.

(f) If the Authority delegates any authority to any regional

director or administrative law judge to take any action pursuant to

subsection (e) of this section, the Authority may, upon application

by any interested person filed within 60 days after the date of the

action, review such action, but the review shall not, unless

specifically ordered by the Authority, operate as a stay of

action. The Authority may affirm, modify, or reverse any action

reviewed under this subsection. If the Authority does not

undertake to grant review of the action under this subsection

within 60 days after the later of -

(1) the date of the action; or

(2) the date of the filing of any application under this

subsection for review of the action;

the action shall become the action of the Authority at the end of

such 60-day period.

(g) In order to carry out its functions under this chapter, the

Authority may -

(1) hold hearings;

(2) administer oaths, take the testimony or deposition of any

person under oath, and issue subpenas as provided in section 7132

of this title; and

(3) may require an agency or a labor organization to cease and

desist from violations of this chapter and require it to take any

remedial action it considers appropriate to carry out the

policies of this chapter.

(h) Except as provided in section 518 of title 28, relating to

litigation before the Supreme Court, attorneys designated by the

Authority may appear for the Authority and represent the Authority

in any civil action brought in connection with any function carried

out by the Authority pursuant to this title or as otherwise

authorized by law.

(i) In the exercise of the functions of the Authority under this

title, the Authority may request from the Director of the Office of

Personnel Management an advisory opinion concerning the proper

interpretation of rules, regulations, or policy directives issued

by the Office of Personnel Management in connection with any matter

before the Authority.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1196.)

-MISC1-

PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS

Subsec. (a)(2)(D), (E), (G), and (H) of this section suspended

with respect to any matter which substantially impairs 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(a) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457,

set out as a note under section 7103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7118 of this title; title

2 section 1351; title 7 section 7011.

-CITE-

5 USC Sec. 7106 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7106. Management rights

-STATUTE-

(a) Subject to subsection (b) of this section, nothing in this

chapter shall affect the authority of any management official of

any agency -

(1) to determine the mission, budget, organization, number of

employees, and internal security practices of the agency; and

(2) in accordance with applicable laws -

(A) to hire, assign, direct, layoff, and retain employees in

the agency, or to suspend, remove, reduce in grade or pay, or

take other disciplinary action against such employees;

(B) to assign work, to make determinations with respect to

contracting out, and to determine the personnel by which agency

operations shall be conducted;

appointments from -

(i) among properly ranked and certified candidates for

promotion; or

(ii) any other appropriate source; and

(D) to take whatever actions may be necessary to carry out

the agency mission during emergencies.

(b) Nothing in this section shall preclude any agency and any

labor organization from negotiating -

(1) at the election of the agency, on the numbers, types, and

grades of employees or positions assigned to any organizational

subdivision, work project, or tour of duty, or on the technology,

methods, and means of performing work;

(2) procedures which management officials of the agency will

observe in exercising any authority under this section; or

(3) appropriate arrangements for employees adversely affected

by the exercise of any authority under this section by such

management officials.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1198.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1351.

-CITE-

5 USC SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND

LABOR ORGANIZATIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

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

-HEAD-

SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR

ORGANIZATIONS

-CITE-

5 USC Sec. 7111 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

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

-HEAD-

Sec. 7111. Exclusive recognition of labor organizations

-STATUTE-

(a) An agency shall accord exclusive recognition to a labor

organization if the organization has been selected as the

representative, in a secret ballot election, by a majority of the

employees in an appropriate unit who cast valid ballots in the

election.

(b) If a petition is filed with the Authority -

(1) by any person alleging -

(A) in the case of an appropriate unit for which there is no

exclusive representative, that 30 percent of the employees in

the appropriate unit wish to be represented for the purpose of

collective bargaining by an exclusive representative, or

(B) in the case of an appropriate unit for which there is an

exclusive representative, that 30 percent of the employees in

the unit allege that the exclusive representative is no longer

the representative of the majority of the employees in the

unit; or

(2) by any person seeking clarification of, or an amendment to,

a certification then in effect or a matter relating to

representation;

the Authority shall investigate the petition, and if it has

reasonable cause to believe that a question of representation

exists, it shall provide an opportunity for a hearing (for which a

transcript shall be kept) after a reasonable notice. If the

Authority finds on the record of the hearing that a question of

representation exists, the Authority shall supervise or conduct an

election on the question by secret ballot and shall certify the

results thereof. An election under this subsection shall not be

conducted in any appropriate unit or in any subdivision thereof

within which, in the preceding 12 calendar months, a valid election

under this subsection has been held.

(1) has been designated by at least 10 percent of the employees

in the unit specified in any petition filed pursuant to

subsection (b) of this section;

(2) has submitted a valid copy of a current or recently expired

collective bargaining agreement for the unit; or

(3) has submitted other evidence that it is the exclusive

representative of the employees involved;

may intervene with respect to a petition filed pursuant to

subsection (b) of this section and shall be placed on the ballot of

any election under such subsection (b) with respect to the

petition.

(d) The Authority shall determine who is eligible to vote in any

election under this section and shall establish rules governing any

such election, which shall include rules allowing employees

eligible to vote the opportunity to choose -

(1) from labor organizations on the ballot, that labor

organization which the employees wish to have represent them; or

(2) not to be represented by a labor organization.

In any election in which no choice on the ballot receives a

majority of the votes cast, a runoff election shall be conducted

between the two choices receiving the highest number of votes. A

labor organization which receives the majority of the votes cast in

an election shall be certified by the Authority as the exclusive

representative.

(e) A labor organization seeking exclusive recognition shall

submit to the Authority and the agency involved a roster of its

officers and representatives, a copy of its constitution and

bylaws, and a statement of its objectives.

(f) Exclusive recognition shall not be accorded to a labor

organization -

(1) if the Authority determines that the labor organization is

subject to corrupt influences or influences opposed to democratic

principles;

(2) in the case of a petition filed pursuant to subsection

(b)(1)(A) of this section, if there is not credible evidence that

at least 30 percent of the employees in the unit specified in the

petition wish to be represented for the purpose of collective

bargaining by the labor organization seeking exclusive

recognition;

(3) if there is then in effect a lawful written collective

bargaining agreement between the agency involved and an exclusive

representative (other than the labor organization seeking

exclusive recognition) covering any employees included in the

unit specified in the petition, unless -

(A) the collective bargaining agreement has been in effect

for more than 3 years, or

(B) the petition for exclusive recognition is filed not more

than 105 days and not less than 60 days before the expiration

date of the collective bargaining agreement; or

(4) if the Authority has, within the previous 12 calendar

months, conducted a secret ballot election for the unit described

in any petition under this section and in such election a

majority of the employees voting chose a labor organization for

certification as the unit's exclusive representative.

(g) Nothing in this section shall be construed to prohibit the

waiving of hearings by stipulation for the purpose of a consent

election in conformity with regulations and rules or decisions of

the Authority.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1199.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7103, 7105 of this title;

title 2 section 1351; title 7 section 7011; title 10 sections 461,

2467; title 49 section 40122.

-CITE-

5 USC Sec. 7112 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

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

-HEAD-

Sec. 7112. Determination of appropriate units for labor

organization representation

-STATUTE-

(a) The Authority shall determine the appropriateness of any

unit. The Authority shall determine in each case whether, in order

to ensure employees the fullest freedom in exercising the rights

guaranteed under this chapter, the appropriate unit should be

established on an agency, plant, installation, functional, or other

basis and shall determine any unit to be an appropriate unit only

if the determination will ensure a clear and identifiable community

of interest among the employees in the unit and will promote

effective dealings with, and efficiency of the operations of the

agency involved.

(b) A unit shall not be determined to be appropriate under this

section solely on the basis of the extent to which employees in the

proposed unit have organized, nor shall a unit be determined to be

appropriate if it includes -

(1) except as provided under section 7135(a)(2) of this title,

any management official or supervisor;

(2) a confidential employee;

(3) an employee engaged in personnel work in other than a

purely clerical capacity;

(4) an employee engaged in administering the provisions of this

chapter;

(5) both professional employees and other employees, unless a

majority of the professional employees vote for inclusion in the

unit;

(6) any employee engaged in intelligence, counterintelligence,

investigative, or security work which directly affects national

security; or

(7) any employee primarily engaged in investigation or audit

functions relating to the work of individuals employed by an

agency whose duties directly affect the internal security of the

agency, but only if the functions are undertaken to ensure that

the duties are discharged honestly and with integrity.

law relating to labor-management relations may not be represented

by a labor organization -

(1) which represents other individuals to whom such provision

applies; or

(2) which is affiliated directly or indirectly with an

organization which represents other individuals to whom such

provision applies.

(d) Two or more units which are in an agency and for which a

labor organization is the exclusive representative may, upon

petition by the agency or labor organization, be consolidated with

or without an election into a single larger unit if the Authority

considers the larger unit to be appropriate. The Authority shall

certify the labor organization as the exclusive representative of

the new larger unit.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1200; amended Pub. L. 102-378, Sec. 2(54), Oct. 2, 1992, 106 Stat.

1354.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-378 struck out ''(1)'' after

subsec. (a) designation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7105, 7123 of this title;

title 2 section 1351; title 7 section 7011.

-CITE-

5 USC Sec. 7113 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

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

-HEAD-

Sec. 7113. National consultation rights

-STATUTE-

(a) If, in connection with any agency, no labor organization has

been accorded exclusive recognition on an agency basis, a labor

organization which is the exclusive representative of a substantial

number of the employees of the agency, as determined in accordance

with criteria prescribed by the Authority, shall be granted

national consultation rights by the agency. National consultation

rights shall terminate when the labor organization no longer meets

the criteria prescribed by the Authority. Any issue relating to any

labor organization's eligibility for, or continuation of, national

consultation rights shall be subject to determination by the

Authority.

(b)(1) Any labor organization having national consultation rights

in connection with any agency under subsection (a) of this section

shall -

(A) be informed of any substantive change in conditions of

employment proposed by the agency, and

(B) be permitted reasonable time to present its views and

recommendations regarding the changes.

(2) If any views or recommendations are presented under paragraph

(1) of this subsection to an agency by any labor organization -

(A) the agency shall consider the views or recommendations

before taking final action on any matter with respect to which

the views or recommendations are presented; and

(B) the agency shall provide the labor organization a written

statement of the reasons for taking the final action.

of any agency or exclusive representative to engage in collective

bargaining.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1201; amended Pub. L. 102-378, Sec. 2(55), Oct. 2, 1992, 106 Stat.

1354.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-378 struck out ''(1)'' after

subsec. (a) designation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7105 of this title; title

2 section 1351.

-CITE-

5 USC Sec. 7114 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

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

-HEAD-

Sec. 7114. Representation rights and duties

-STATUTE-

(a)(1) A labor organization which has been accorded exclusive

recognition is the exclusive representative of the employees in the

unit it represents and is entitled to act for, and negotiate

collective bargaining agreements covering, all employees in the

unit. An exclusive representative is responsible for representing

the interests of all employees in the unit it represents without

discrimination and without regard to labor organization membership.

(2) An exclusive representative of an appropriate unit in an

agency shall be given the opportunity to be represented at -

(A) any formal discussion between one or more representatives

of the agency and one or more employees in the unit or their

representatives concerning any grievance or any personnel policy

or practices or other general condition of employment; or

(B) any examination of an employee in the unit by a

representative of the agency in connection with an investigation

if -

(i) the employee reasonably believes that the examination may

result in disciplinary action against the employee; and

(ii) the employee requests representation.

(3) Each agency shall annually inform its employees of their

rights under paragraph (2)(B) of this subsection.

(4) Any agency and any exclusive representative in any

appropriate unit in the agency, through appropriate

representatives, shall meet and negotiate in good faith for the

purposes of arriving at a collective bargaining agreement. In

addition, the agency and the exclusive representative may determine

appropriate techniques, consistent with the provisions of section

7119 of this title, to assist in any negotiation.

(5) The rights of an exclusive representative under the

provisions of this subsection shall not be construed to preclude an

employee from -

(A) being represented by an attorney or other representative,

other than the exclusive representative, of the employee's own

choosing in any grievance or appeal action; or

(B) exercising grievance or appellate rights established by

law, rule, or regulation;

except in the case of grievance or appeal procedures negotiated

under this chapter.

(b) The duty of an agency and an exclusive representative to

negotiate in good faith under subsection (a) of this section shall

include the obligation -

(1) to approach the negotiations with a sincere resolve to

reach a collective bargaining agreement;

(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, to furnish to the exclusive

representative involved, or its authorized representative, upon

request and, to the extent not prohibited by law, data -

(A) which is normally maintained by the agency 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; and

training provided for management officials or supervisors,

relating to collective bargaining; 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 and an exclusive

representative shall be subject to approval by the head of the

agency.

(2) The head of the agency 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 has granted

an exception to the provision).

(3) If the head of the agency does not approve or disapprove the

agreement within the 30-day period, the agreement shall take effect

and shall be binding on the agency and the exclusive representative

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.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1202.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1351.

-CITE-

5 USC Sec. 7115 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

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

-HEAD-

Sec. 7115. Allotments to representatives

-STATUTE-

(a) If an agency has received from an employee in an appropriate

unit a written assignment which authorizes the agency to deduct

from the pay of the employee amounts for the payment of regular and

periodic dues of the exclusive representative of the unit, the

agency shall honor the assignment and make an appropriate allotment

pursuant to the assignment. Any such allotment shall be made at no

cost to the exclusive representative or the employee. Except as

provided under subsection (b) of this section, any such assignment

may not be revoked for a period of 1 year.

(b) An allotment under subsection (a) of this section for the

deduction of dues with respect to any employee shall terminate when

(1) the agreement between the agency and the exclusive

representative involved ceases to be applicable to the employee;

(2) the employee is suspended or expelled from membership in

the exclusive representative.

(c)(1) Subject to paragraph (2) of this subsection, if a petition

has been filed with the Authority by a labor organization alleging

that 10 percent of the employees in an appropriate unit in an

agency have membership in the labor organization, the Authority

shall investigate the petition to determine its validity. Upon

certification by the Authority of the validity of the petition, the

agency shall have a duty to negotiate with the labor organization

solely concerning the deduction of dues of the labor organization

from the pay of the members of the labor organization who are

employees in the unit and who make a voluntary allotment for such

purpose.

(2)(A) The provisions of paragraph (1) of this subsection shall

not apply in the case of any appropriate unit for which there is an

exclusive representative.

(B) Any agreement under paragraph (1) of this subsection between

a labor organization and an agency with respect to an appropriate

unit shall be null and void upon the certification of an exclusive

representative of the unit.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.

1203.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1351.

-CITE-

5 USC Sec. 7116 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

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

-HEAD-

Sec. 7116. Unfair labor practices

-STATUTE-

(a) For the purpose of this chapter, it shall be an unfair labor

practice for an agency -

(1) to interfere with, restrain, or coerce any employee in the

exercise by the employee of any right under this chapter;

(2) to encourage or discourage membership in any labor

organization by discrimination in connection with hiring, tenure,

promotion, or other conditions of employment;

(3) to sponsor, control, or otherwise assist any labor

organization, other than to furnish, upon request, customary and

routine services and facilities if the services and facilities

are also furnished on an impartial basis to other labor

organizations having equivalent status;

(4) to discipline or otherwise discriminate against an employee

because the employee 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 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) which is in

conflict with any applicable collective bargaining agreement 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 -

(1) to interfere with, restrain, or coerce any employee in the

exercise by the employee of any right under this chapter;

(2) to cause or attempt to cause an agency to discriminate

against any employee in the exercise by the employee of any right

under this chapter;

(3) to coerce, discipline, fine, or attempt to coerce a member

of the labor organization as punishment, reprisal, or for the

purpose of hindering or impeding the member's work performance or

productivity as an employee or the discharge of the member's

duties as an employee;

(4) to discriminate against an employee with regard to the

terms or conditions of membership in the labor organization on

the basis of race, color, creed, national origin, sex, age,

preferenti

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Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # Government organization

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