LABOR-MANAGEMENT
RELATIONS
§ 7101.
Findings and purpose
(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
(C) facilitates and encourages the amicable settlements of 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.
§ 7102.
Employees' rights
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.
§ 7103.
Definitions; application
(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 United States
International Development Cooperation Agency, 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, and the Government
Printing Office, but does not include -
(A) the General Accounting Office;
(B) the Federal Bureau of Investigation;
(C) the Central Intelligence Agency;
(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 Central Imagery Office;
(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;
(C) an organization sponsored by an agency; or
(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
(C) by any employee labor organization, or agency concerning -
(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
(C) to the extent such matters are specifically provided for 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; or
(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.
§ 7104.
Federal Labor Relations Authority
(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.
(c) A member of the Authority shall be appointed for a term of 5 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
(C) exercise such other powers of the Authority as the 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.
§ 7105.
Powers and duties of the Authority
(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;
(C) prescribe criteria and resolve issues relating to the 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.
(c) The principal office of the Authority shall be in or about 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;
(C) to determine whether a question of representation exists 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.
§ 7106.
Management rights
(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;
(C) with respect to filling positions, to make selections for 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.
SUBCHAPTER
II - RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS
§ 7111.
Exclusive recognition of labor organizations
(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.
(c) A labor organization which -
(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.
§ 7112.
Determination of appropriate units for labor organization representation
(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.
(c) Any employee who is engaged in administering any provision of 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.
§ 7113.
National consultation rights
(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.
(c) Nothing in this section shall be construed to limit the right of any agency
or exclusive representative to engage in collective bargaining.
§ 7114.
Representation rights and duties
(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
(C) which does not constitute guidance, advice, counsel, or 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.
§ 7115.
Allotments to representatives
(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; or
(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.
§ 7116.
Unfair labor practices
(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, preferential or nonpreferential civil service status, political
affiliation, marital status, or handicapping condition;
(5) to refuse to consult or negotiate in good faith with an agency as required
by this chapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse decisions
as required by this chapter;
(7)(A) to call, or participate in, a strike, work stoppage,
or slowdown, or picketing of an agency in a labor-management dispute if such picketing
interferes with an agency's operations, or
(B) to condone any activity described in subparagraph (A) of this paragraph by
failing to take action to prevent or stop such activity; or
(8) to otherwise fail or refuse to comply with any provision of this chapter.
Nothing in paragraph (7) of this subsection shall result in any informational picketing
which does not interfere with an agency's operations being considered as an unfair labor
practice.
(c) For the purpose of this chapter it shall be an unfair labor practice for an
exclusive representative to deny membership to any employee in the appropriate unit
represented by such exclusive representative except for failure -
(1) to meet reasonable occupational standards uniformly required for admission,
or
(2) to tender dues uniformly required as a condition of acquiring and retaining
membership. This subsection does not preclude any labor organization from enforcing
discipline in accordance with procedures under its constitution or bylaws to the extent
consistent with the provisions of this chapter.
(d) Issues which can properly be raised under an appeals procedure may not be
raised as unfair labor practices prohibited under this section. Except for matters
wherein, under section 7121(e) and (f) of this
title, an employee has an option of using the negotiated grievance procedure or an appeals
procedure, issues which can be raised under a grievance procedure may, in the discretion
of the aggrieved party, be raised under the grievance procedure or as an unfair labor
practice under this section, but not under both procedures.
(e) The expression of any personal view, argument, opinion or the making of any
statement which -
(1) publicizes the fact of a representational election and encourages employees
to exercise their right to vote in such election,
(2) corrects the record with respect to any false or misleading statement made
by any person, or
(3) informs employees of the Government's policy relating to labor-management
relations and representation, shall not, if the expression contains no threat of reprisal
or force or promise of benefit or was not made under coercive conditions, (A) constitute
an unfair labor practice under any provision of this chapter, or (B) constitute grounds
for the setting aside of any election conducted under any provisions of this chapter.
§ 7117.
Duty to bargain in good faith; compelling need; duty to consult
(a)(1) Subject to paragraph (2) of this subsection, the duty to bargain in good
faith shall, to the extent not inconsistent with any Federal law or any Government-wide
rule or regulation, extend to matters which are the subject of any rule or regulation only
if the rule or regulation is not a Government-wide rule or regulation.
(2) The duty to bargain in good faith shall, to the extent not inconsistent with
Federal law or any Government-wide rule or regulation, extend to matters which are the
subject of any agency rule or regulation referred to in paragraph (3) of this subsection
only if the Authority has determined under subsection (b) of this section that no
compelling need (as determined under regulations prescribed by the Authority) exists for
the rule or regulation.
(3) Paragraph (2) of the subsection applies to any rule or regulation issued by
any agency or issued by any primary national subdivision of such agency, unless an
exclusive representative represents an appropriate unit including not less than a majority
of the employees in the issuing agency or primary national subdivision, as the case may
be, to whom the rule or regulation is applicable.
(b)(1) In any case of collective bargaining in which an
exclusive representative alleges that no compelling need exists for any rule or regulation
referred to in subsection (a)(3) of this section which is then in effect and which governs
any matter at issue in such collective bargaining, the Authority shall determine under
paragraph (2) of this subsection, in accordance with regulations prescribed by the
Authority, whether such a compelling need exists.
(2) For the purpose of this section, a compelling need shall be determined not
to exist for any rule or regulation only if -
(A) the agency, or primary national subdivision, as the case may be, which
issued the rule or regulation informs the Authority in writing that a compelling need for
the rule or regulation does not exist; or
(B) the Authority determines that a compelling need for a rule or regulation
does not exist.
(3) A hearing may be held, in the discretion of the Authority, before a
determination is made under this subsection. If a hearing is held, it shall be expedited
to the extent practicable and shall not include the General Counsel as a party.
(4) The agency, or primary national subdivision, as the case may be, which
issued the rule or regulation shall be a necessary party at any hearing under this
subsection.
(c)(1) Except in any case to which subsection (b) of this
section applies, if an agency involved in collective bargaining with an exclusive
representative alleges that the duty to bargain in good faith does not extend to any
matter, the exclusive representative may appeal the allegation to the Authority in
accordance with the provisions of this subsection.
(2) The exclusive representative may, on or before the 15th day after the date
on which the agency first makes the allegation referred to in paragraph (1) of this
subsection, institute an appeal under this subsection by -
(A) filing a petition with the Authority; and
(B) furnishing a copy of the petition to the head of the agency.
(3) On or before the 30th day after the date of the receipt by the head of the
agency of the copy of the petition under paragraph (2)(B) of this subsection, the agency
shall -
(A) file with the Authority a statement -
(i) withdrawing the allegation; or
(ii) setting forth in full its reasons supporting the allegation; and
(B) furnish a copy of such statement to the exclusive representative.
(4) On or before the 15th day after the date of the receipt by the exclusive
representative of a copy of a statement under paragraph (3)(B) of this subsection, the
exclusive representative shall file with the Authority its response to the statement.
(5) A hearing may be held in the discretion of the Authority, before a
determination is made under this subsection. If a hearing is held, it shall not include
the General Counsel as a party.
(6) The Authority shall expedite proceedings under this subsection to the extent
practicable and shall issue to the exclusive representative and to the agency a written
decision on the allegation and specific reasons therefore at the earliest practicable
date.
(d)(1) A labor organization which is the exclusive
representative of a substantial number of employees, determined in accordance with
criteria prescribed by the Authority, shall be granted consultation rights by any agency
with respect to any Government-wide rule or regulation issued by the agency effecting any
substantive change in any condition of employment. Such consultation rights shall
terminate when the labor organization no longer meets the criteria prescribed by the
Authority. Any issue relating to a labor organization's eligibility for, or continuation
of, such consultation rights shall be subject to determination by the Authority.
(2) A labor organization having consultation rights under paragraph (1) of this
subsection shall -
(A) be informed of any substantive change in conditions of employment proposed
by the agency, and
(B) shall be permitted reasonable time to present its views and recommendations
regarding the changes.
(3) If any views or recommendations are presented under paragraph (2) 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.
§ 7118.
Prevention of unfair labor practices
(a)(1) If any agency or labor organization is charged by any person with having
engaged in or engaging in an unfair labor practice, the General Counsel shall investigate
the charge and may issue and cause to be served upon the agency or labor organization a
complaint. In any case in which the General Counsel does not issue a complaint because the
charge fails to state an unfair labor practice, the General Counsel shall provide the
person making the charge a written statement of the reasons for not issuing a complaint.
(2) Any complaint under paragraph (1) of this subsection shall contain a notice
-
(A) of the charge;
(B) that a hearing will be held before the Authority (or any member thereof or
before an individual employed by the authority and designated for such purpose); and
(C) of the time and place fixed for the hearing.
(3) The labor organization or agency involved shall have the right to file an
answer to the original and any amended complaint and to appear in person or otherwise and
give testimony at the time and place fixed in the complaint for the hearing.
(4)(A) Except as provided in subparagraph (B) of this paragraph, no complaint
shall be issued based on any alleged unfair labor practice which occurred more than 6
months before the filing of the charge with the Authority.
(B) If the General Counsel determines that the person filing any charge was
prevented from filing the charge during the 6-month period referred to in subparagraph (A)
of this paragraph by reason of -
(i) any failure of the agency or labor organization against which the charge is
made to perform a duty owed to the person, or
(ii) any concealment which prevented discovery of the alleged unfair labor
practice during the 6-month period, the General Counsel may issue a complaint based on the
charge if the charge was filed during the 6-month period beginning on the day of the
discovery by the person of the alleged unfair labor practice.
(5) The General Counsel may prescribe regulations providing for informal methods
by which the alleged unfair labor practice may be resolved prior to the issuance of a
complaint.
(6) The Authority (or any member thereof or any individual employed by the
Authority and designated for such purpose) shall conduct a hearing on the complaint not
earlier than 5 days after the date on which the complaint is served. In the discretion of
the individual or individuals conducting the hearing, any person involved may be allowed
to intervene in the hearing and to present testimony. Any such hearing shall, to the
extent practicable, be conducted in accordance with the provisions of subchapter II of
chapter 5 of this title, except that the parties shall not be bound by rules of evidence,
whether statutory, common law, or adopted by a court. A transcript shall be kept of the
hearing. After such a hearing the Authority, in its discretion, may upon notice receive
further evidence or hear argument.
(7) If the Authority (or any member thereof or any individual employed by the
Authority and designated for such purpose) determines after any hearing on a complaint
under paragraph (5) of this subsection that the preponderance of the evidence received
demonstrates that the agency or labor organization named in the complaint has engaged in
or is engaging in an unfair labor practice, then the individual or individuals conducting
the hearing shall state in writing their findings of fact and shall issue and cause to be
served on the agency or labor organization an order -
(A) to cease and desist from any such unfair labor practice in which the agency
or labor organization is engaged;
(B) requiring the parties to renegotiate a collective bargaining agreement in
accordance with the order of the Authority and requiring that the agreement, as amended,
be given retroactive effect;
(C) requiring reinstatement of an employee with backpay in accordance with
section 5596 of this title; or
(D) including any combination of the actions described in subparagraphs (A)
through (C) of this paragraph or such other action as will carry out the purpose of this
chapter. If any such order requires reinstatement of an employee with backpay, backpay may
be required of the agency (as provided in section 5596 of this title) or of the labor
organization, as the case may be, which is found to have engaged in the unfair labor
practice involved.
(8) If the individual or individuals conducting the hearing determine that the
preponderance of the evidence received fails to demonstrate that the agency or labor
organization named in the complaint has engaged in or is engaging in an unfair labor
practice, the individual or individuals shall state in writing their findings of fact and
shall issue an order dismissing the complaint.
(b) In connection with any matter before the Authority in any proceeding under
this section, the Authority may request, in accordance with the provisions of section 7105(i) of this title, from the Director of the
Office of Personnel Management an advisory opinion concerning the proper interpretation of
rules, regulations, or other policy directives issued by the Office of Personnel
Management.
§ 7119.
Negotiation impasses; Federal Service Impasses Panel
(a) The Federal Mediation and Conciliation Service shall provide services and
assistance to agencies and exclusive representatives in the resolution of negotiation
impasses. The Service shall determine under what circumstances and in what manner it shall
provide services and assistance.
(b) If voluntary arrangements, including the services of the Federal Mediation
and Conciliation Service or any other third-party mediation, fail to resolve a negotiation
impasse -
(1) either party may request the Federal Service Impasses Panel to consider the
matter, or
(2) the parties may agree to adopt a procedure for binding arbitration of the
negotiation impasse, but only if the procedure is approved by the Panel.
(c)(1) The Federal Service Impasses Panel is an entity
within the Authority, the function of which is to provide assistance in resolving
negotiation impasses between agencies and exclusive representatives.
(2) The Panel shall be composed of a Chairman and at least six other members,
who shall be appointed by the President, solely on the basis of fitness to perform the
duties and functions involved, from among individuals who are familiar with Government
operations and knowledgeable in labor-management relations.
(3) Of the original members of the Panel, 2 members shall be appointed for a
term of 1 year, 2 members shall be appointed for a term of 3 years, and the Chairman and
the remaining members shall be appointed for a term of 5 years. Thereafter each member
shall be appointed for a term of 5 years, except that an individual chosen to fill a
vacancy shall be appointed for the unexpired term of the member replaced. Any member of
the Panel may be removed by the President.
(4) The Panel may appoint an Executive Director and any other individuals it may
from time to time find necessary for the proper performance of its duties. Each member of
the Panel who is not an employee (as defined in section 2105 of this title) is entitled to
pay at a rate equal to the daily equivalent of the maximum annual rate of basic pay then
currently paid under the General Schedule for each day he is engaged in the performance of
official business of the Panel, including travel time, and is entitled to travel expenses
as provided under section 5703 of this title.
(5)(A) The Panel or its designee shall promptly investigate any impasse
presented to it under subsection (b) of this section. The Panel shall consider the impasse
and shall either -
(i) recommend to the parties procedures for the resolution of the impasse; or
(ii) assist the parties in resolving the impasse through whatever methods and
procedures, including factfinding and recommendations, it may consider appropriate to
accomplish the purpose of this section.
(B) If the parties do not arrive at a settlement after assistance by the Panel
under subparagraph (A) of this paragraph, the Panel may -
(i) hold hearings;
(ii) administer oaths, take the testimony or deposition of any person under
oath, and issue subpenas as provided in section 7132
of this title; and
(iii) take whatever action is necessary and not inconsistent with this chapter
to resolve the impasse.
(C) Notice of any final action of the Panel under this section shall be promptly
served upon the parties, and the action shall be binding on such parties during the term
of the agreement, unless the parties agree otherwise.
§ 7120.
Standards of conduct for labor organizations
(a) An agency shall only accord recognition to a labor organization that is free
from corrupt influences and influences opposed to basic democratic principles. Except as
provided in subsection (b) of this section, an organization is not required to prove that
it is free from such influences if it is subject to governing requirements adopted by the
organization or by a national or international labor organization 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 participate in the affairs of the
organization, to receive fair and equal treatment under the governing rules of the
organization, and to receive fair process in disciplinary proceedings;
(2) the exclusion from office in the organization of persons 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 provisions 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 subsection (a) of this section, the organization is
required to furnish evidence of its freedom from corrupt influences or influences opposed
to basic democratic principles if there is reasonable cause to believe that -
(1) the organization has been suspended or expelled from, or is subject to other
sanction, by a parent labor organization, or federation of organizations with which it had
been affiliated, because it has demonstrated an unwillingness or inability to comply with
governing requirements comparable in purpose to those required by subsection (a) of this
section; or
(2) the organization is in fact subject to influences that would preclude
recognition under this chapter.
(c) A labor organization which has or seeks recognition as a representative of
employees under this chapter shall file financial and other reports with the Assistant
Secretary of Labor for Labor Management Relations, provide for bonding of officials and
employees of the organization, and comply with trusteeship and election standards.
(d) The Assistant Secretary shall prescribe such regulations as are necessary to
carry out the purposes of this section. Such regulations shall conform generally to the
principles applied to labor organizations in the private sector. Complaints of violations
of this section shall be filed with the Assistant Secretary. In any matter arising under
this section, the Assistant Secretary may require a labor organization to cease and desist
from violations of this section and require it to take such actions as he considers
appropriate to carry out the policies of this section.
(e) This chapter does not authorize participation in the management of a labor
organization or acting as a representative of a labor organization by a management
official, a supervisor, or a confidential employee, except as specifically provided in
this chapter, or by an employee if the participation or activity would result in a
conflict or apparent conflict of interest or would otherwise be incompatible with law or
with the official duties of the employee.
(f) In the case of any labor organization which by omission or commission has
willfully and intentionally, with regard to any strike, work stoppage, or slowdown,
violated section 7116(b)(7) of this title, the
Authority shall, upon an appropriate finding by the Authority of such violation -
(1) revoke the exclusive recognition status of the labor organization, which
shall then immediately cease to be legally entitled and obligated to represent employees
in the unit; or
(2) take any other appropriate disciplinary action.
SUBCHAPTER
III - GRIEVANCES, APPEALS, AND REVIEW
§ 7121.
Grievance procedures
(a)(1) Except as provided in paragraph (2) of this subsection, any collective
bargaining agreement shall provide procedures for the settlement of grievances, including
questions of arbitrability. Except as provided in subsections (d), (e), and (g) of this
section, the procedures shall be the exclusive administrative procedures for resolving
grievances which fall within its coverage.
(2) Any collective bargaining agreement may exclude any matter from the
application of the grievance procedures which are provided for in the agreement.
(b)(1) Any negotiated grievance procedure referred to in subsection (a) of this
section shall -
(A) be fair and simple,
(B) provide for expeditious processing, and
(C) include procedures that -
(i) assure an exclusive representative the right, in its own behalf or on behalf
of any employee in the unit represented by the exclusive representative, to present and
process grievances;
(ii) assure such an employee the right to present a grievance on the employee's
own behalf, and assure the exclusive representative the right to be present during the
grievance proceeding; and
(iii) provide that any grievance not satisfactorily settled under the negotiated
grievance procedure shall be subject to binding arbitration which may be invoked by either
the exclusive representative or the agency.
(2)(A) The provisions of a negotiated grievance procedure providing for binding
arbitration in accordance with paragraph (1)(C)(iii) shall, if or to the extent that an
alleged prohibited personnel practice is involved, allow the arbitrator to order -
(i) a stay of any personnel action in a manner similar to the manner described
in section 1221(c) with respect to the Merit Systems Protection Board; and
(ii) the taking, by an agency, of any disciplinary action identified under
section 1215(a)(3) that is otherwise within the authority of such agency to take.
(B) Any employee who is the subject of any disciplinary action ordered under
subparagraph (A)(ii) may appeal such action to the same extent and in the same manner as
if the agency had taken the disciplinary action absent arbitration.
(c) The preceding subsections of this section shall not apply with respect to
any grievance concerning -
(1) any claimed violation of subchapter III of chapter 73 of this title
(relating to prohibited political activities);
(2) retirement, life insurance, or health insurance;
(3) a suspension or removal under section 7532 of this title;
(4) any examination, certification, or appointment; or
(5) the classification of any position which does not result in the reduction in
grade or pay of an employee.
(d) An aggrieved employee affected by a prohibited personnel practice under
section 2302(b)(1) of this title which also falls under the coverage of the negotiated
grievance procedure may raise the matter under a statutory procedure or the negotiated
procedure, but not both. An employee shall be deemed to have exercised his option under
this subsection to raise the matter under either a statutory procedure or the negotiated
procedure at such time as the employee timely initiates an action under the applicable
statutory procedure or timely files a grievance in writing, in accordance with the
provisions of the parties' negotiated procedure, whichever event occurs first. Selection
of the negotiated procedure in no manner prejudices the right of an aggrieved employee to
request the Merit Systems Protection Board to review the final decision pursuant to
section 7702 of this title in the case of any personnel action that could have been
appealed to the Board, or, where applicable, to request the Equal Employment Opportunity
Commission to review a final decision in any other matter involving a complaint of
discrimination of the type prohibited by any law administered by the Equal Employment
Opportunity Commission.
(e)(1) Matters covered under sections 4303 and 7512 of this
title which also fall within the coverage of the negotiated grievance procedure may, in
the discretion of the aggrieved employee, be raised either under the appellate procedures
of section 7701 of this title or under the negotiated grievance procedure, but not both.
Similar matters which arise under other personnel systems applicable to employees covered
by this chapter may, in the discretion of the aggrieved employee, be raised either under
the appellate procedures, if any, applicable to those matters, or under the negotiated
grievance procedure, but not both. An employee shall be deemed to have exercised his
option under this subsection to raise a matter either under the applicable appellate
procedures or under the negotiated grievance procedure at such time as the employee timely
files a notice of appeal under the applicable appellate procedures or timely files a
grievance in writing in accordance with the provisions of the parties' negotiated
grievance procedure, whichever event occurs first.
(2) In matters covered under sections 4303 and 7512 of this title which have
been raised under the negotiated grievance procedure in accordance with this section, an
arbitrator shall be governed by section 7701(c)(1) of this title, as applicable.
(f) In matters covered under sections 4303 and 7512 of this
title which have been raised under the negotiated grievance procedure in accordance with
this section, section 7703 of this title pertaining to judicial review shall apply to the
award of an arbitrator in the same manner and under the same conditions as if the matter
had been decided by the Board. In matters similar to those covered under sections 4303 and
7512 of this title which arise under other personnel systems and which an aggrieved
employee has raised under the negotiated grievance procedure, judicial review of an
arbitrator's award may be obtained in the same manner and on the same basis as could be
obtained of a final decision in such matters raised under applicable appellate procedures.
(g)(1) This subsection applies with respect to a prohibited personnel practice
other than a prohibited personnel practice to which subsection (d) applies.
(2) An aggrieved employee affected by a prohibited personnel practice described
in paragraph (1) may elect not more than one of the remedies described in paragraph (3)
with respect thereto. For purposes of the preceding sentence, a determination as to
whether a particular remedy has been elected shall be made as set forth under paragraph
(4).
(3) The remedies described in this paragraph are as follows:
(A) An appeal to the Merit Systems Protection Board under section 7701.
(B) A negotiated grievance procedure under this section.
(C) Procedures for seeking corrective action under subchapters II and III of
chapter 12.
(4) For the purpose of this subsection, a person shall be considered to have
elected -
(A) the remedy described in paragraph (3)(A) if such person has timely filed a
notice of appeal under the applicable appellate procedures;
(B) the remedy described in paragraph (3)(B) if such person has timely filed a
grievance in writing, in accordance with the provisions of the parties' negotiated
procedure; or
(C) the remedy described in paragraph (3)(C) if such person has sought
corrective action from the Office of Special Counsel by making an allegation under section
1214(a)(1).
§ 7122.
Exceptions to arbitral awards
(a) Either party to arbitration under this chapter may file with the Authority
an exception to any arbitrator's award pursuant to the arbitration (other than an award
relating to a matter described in section 7121(f)
of this title). If upon review the Authority finds that the award is deficient -
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts in private
sector labor-management relations; the Authority may take such action and make such
recommendations concerning the award as it considers necessary, consistent with applicable
laws, rules, or regulations.
(b) If no exception to an arbitrator's award is filed under subsection (a) of
this section during the 30-day period beginning on the date the award is served on the
party, the award shall be final and binding. An agency shall take the actions required by
an arbitrator's final award. The award may include the payment of backpay (as provided in
section 5596 of this title).
§ 7123.
Judicial review; enforcement
(a) Any person aggrieved by any final order of the Authority other than an order
under -
(1) section 7122 of this title
(involving an award by an arbitrator), unless the order involves an unfair labor practice
under section 7118 of this title, or
(2) section 7112 of this title
(involving an appropriate unit determination), may, during the 60-day period beginning on
the date on which the order was issued, institute an action for judicial review of the
Authority's order in the United States court of appeals in the circuit in which the person
resides or transacts business or in the United States Court of Appeals for the District of
Columbia.
(b) The Authority may petition any appropriate United States court of appeals
for the enforcement of any order of the Authority and for appropriate temporary relief or
restraining order.
(c) Upon the filing of a petition under subsection (a) of this section for
judicial review or under subsection (b) of this section for enforcement, the Authority
shall file in the court the record in the proceedings, as provided in section 2112 of
title 28. Upon the filing of the petition, the court shall cause notice thereof to be
served to the parties involved, and thereupon shall have jurisdiction of the proceeding
and of the question determined therein and may grant any temporary relief (including a
temporary restraining order) it considers just and proper, and may make and enter a decree
affirming and enforcing, modifying and enforcing as so modified, or setting aside in whole
or in part the order of the Authority. The filing of a petition under subsection (a) or
(b) of this section shall not operate as a stay of the Authority's order unless the court
specifically orders the stay. Review of the Authority's order shall be on the record in
accordance with section 706 of this title. No objection that has not been urged before the
Authority, or its designee, shall be considered by the court, unless the failure or
neglect to urge the objection is excused because of extraordinary circumstances. The
findings of the Authority with respect to questions of fact, if supported by substantial
evidence on the record considered as a whole, shall be conclusive. If any person applies
to the court for leave to adduce additional evidence and shows to the satisfaction of the
court that the additional evidence is material and that there were reasonable grounds for
the failure to adduce the evidence in the hearing before the Authority, or its designee,
the court may order the additional evidence to be taken before the Authority, or its
designee, and to be made a part of the record. The Authority may modify its findings as to
the facts, or make new findings by reason of additional evidence so taken and filed. The
Authority shall file its modified or new findings, which, with respect to questions of
fact, if supported by substantial evidence on the record considered as a whole, shall be
conclusive. The Authority shall file its recommendations, if any, for the modification or
setting aside of its original order. Upon the filing of the record with the court, the
jurisdiction of the court shall be exclusive and its judgment and decree shall be final,
except that the judgment and decree shall be subject to review by the Supreme Court of the
United States upon writ of certiorari or certification as provided in section 1254 of
title 28.
(d) The Authority may, upon issuance of a complaint as provided in section 7118
of this title charging that any person has engaged in or is engaging in an unfair labor
practice, petition any United States district court within any district in which the
unfair labor practice in question is alleged to have occurred or in which such person
resides or transacts business for appropriate temporary relief (including a restraining
order). Upon the filing of the petition, the court shall cause notice thereof to be served
upon the person, and thereupon shall have jurisdiction to grant any temporary relief
(including a temporary restraining order) it considers just and proper. A court shall not
grant any temporary relief under this section if it would interfere with the ability of
the agency to carry out its essential functions or if the Authority fails to establish
probable cause that an unfair labor practice is being committed.
SUBCHAPTER
IV - ADMINISTRATIVE AND OTHER PROVISIONS
§ 7131.
Official time
(a) Any employee representing an exclusive representative in the negotiation of
a collective bargaining agreement under this chapter shall be authorized official time for
such purposes, including attendance at impasse proceeding, during the time the employee
otherwise would be in a duty status. The number of employees for whom official time is
authorized under this subsection shall not exceed the number of individuals designated as
representing the agency for such purposes.
(b) Any activities performed by any employee relating to the internal business
of a labor organization (including the solicitation of membership, elections of labor
organization officials, and collection of dues) shall be performed during the time the
employee is in a non-duty status.
(c) Except as provided in subsection (a) of this section, the Authority shall
determine whether any employee participating for, or on behalf of, a labor organization in
any phase of proceedings before the Authority shall be authorized official time for such
purpose during the time the employee otherwise would be in a duty status.
(d) Except as provided in the preceding subsections of this section -
(1) any employee representing an exclusive representative, or
(2) in connection with any other matter covered by this chapter, any employee in
an appropriate unit represented by an exclusive representative, shall be granted official
time in any amount the agency and the exclusive representative involved agree to be
reasonable, necessary, and in the public interest.
§ 7132.
Subpenas
(a) Any member of the Authority, the General Counsel, or the Panel, any
administrative law judge appointed by the Authority under section 3105 of this title, and
any employee of the Authority designated by the Authority may -
(1) issue subpenas requiring the attendance and testimony of witnesses and the
production of documentary or other evidence from any place in the United States; and
(2) administer oaths, take or order the taking of depositions, order responses
to written interrogatories, examine witnesses, and receive evidence. No subpena shall be
issued under this section which requires the disclosure of intramanagement guidance,
advice, counsel, or training within an agency or between an agency and the Office of
Personnel Management.
(b) In the case of contumacy or failure to obey a subpena issued under
subsection (a)(1) of this section, the United States district court for the judicial
district in which the person to whom the subpena is addressed resides or is served may
issue an order requiring such person to appear at any designated place to testify or to
produce documentary or other evidence. Any failure to obey the order of the court may be
punished by the court as a contempt thereof.
(c) Witnesses (whether appearing voluntarily or under subpena) shall be paid the
same fee and mileage allowances which are paid subpenaed witnesses in the courts of the
United States.
§ 7133.
Compilation and publication of data
(a) The Authority shall maintain a file of its proceedings and copies of all
available agreements and arbitration decisions, and shall publish the texts of its
decisions and the actions taken by the Panel under section 7119 of
this title.
(b) All files maintained under subsection (a) of this section shall be open to
inspection and reproduction in accordance with the provisions of sections 552 and 552a of
this title.
§ 7134.
Regulations
The Authority, the General Counsel, the Federal Mediation and Conciliation
Service, the Assistant Secretary of Labor for Labor Management Relations, and the Panel
shall each prescribe rules and regulations to carry out the provisions of this chapter
applicable to each of them, respectively. Provisions of subchapter II of chapter 5 of this
title shall be applicable to the issuance, revision, or repeal of any such rule or
regulation.
§ 7135.
Continuation of existing laws, recognitions, agreements, and procedures
(a) Nothing contained in this chapter shall preclude -
(1) the renewal or continuation of an exclusive recognition, certification of an
exclusive representative, or a lawful agreement between an agency and an exclusive
representative of its employees, which is entered into before the effective date of this
chapter; or
(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 management officials or
supervisors in private industry and which hold exclusive recognition for units of such
officials or supervisors in any agency on the effective date of this chapter.
(b) Policies, regulations, and procedures established under and decisions issued
under Executive Orders 11491, 11616, 11636, 11787, and 11838, or under any other Executive
order, as in effect on the effective date of this chapter, shall remain in full force and
effect until revised or revoked by the President, or unless superseded by specific
provisions of this chapter or by regulations or decisions issued pursuant to this chapter.
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