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5 U.S.C. § 7112 — Determination of appropriate units for labor organization representation
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7135/a/2&num=0&edition=prelim), 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 an
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Stable record: federal_law:legal_authorities:record_usc_14adf10b1a74c39f70d62055
Source file: Laws/federal/codes/united-states-code/title-5/section-7112-determination-of-appropriate-units-for-labor-organization-representation--f4a4d8ab27.md
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Passage SHA-256: e48e6fc0fa2c6b2919c1cc10cb02489958c77d80eb429c5fcce069477a8c185d
Source location: Title 5, Chapter 71, § 7112; chapter-071-labor-management-relations.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7135/a/2&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7112&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7111&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7113&num=0&edition=prelim);
(D) prescribe criteria and resolve issues relating to determining compelling need for agency rules or regulations under [section 7117(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7117/b&num=0&edition=prelim);
(E) resolves issues relating to the duty to bargain in good faith under [section 7117(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7117/c&num=0&edition=prelim);
(F) prescribe criteria relating to the granting of consultation rights
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7105
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person aggrieved by any final order of the Authority other than an order under—
(1) [section 7122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7122&num=0&edition=prelim) (involving an award by an arbitrator), unless the order involves an unfair labor practice under [section 7118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7118&num=0&edition=prelim), or
(2) [section 7112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7112&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). 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 ord
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Voluntary agreement**
(1) **In general** — If the exercise of the Secretary’s authority under this chapter results in changes to an existing bargaining unit that has been certified under chapter 71 of title 5, the affected parties shall attempt to reach a voluntary agreement on a new bargaining unit and an exclusive representative for such unit.
(2) **Criteria** — In carrying out the requirements of this subsection, the affected parties shall use criteria set forth in—
(A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 of title 5, relating to determining an exclusive representative; and
(B) [section 7112 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7112&num=0&edition=prelim) (disregarding subsections (b)(5) and (d) thereof), relating to determining appropriate units.
**(b) Effect of an agreement**
(1) **In general** — If the affected parties reach agreement on the appropriate unit and the exclusive representative for such unit under subsection (a), the Federal Labor Relations Authority shall certify the terms of such agreement, subject to paragraph (2)(A). Nothing in this subsection shall be considered to require the holding of any hearing or election as a condition for certification.
(2) **Restrictions**
(A) *Conditions requiring noncertification* — The Federal Labor Relations Authority may not certify the terms of an agreement under paragraph (1) if—
(i) it determines that any of the criteria referred to in subsection (a)(2) (disregarding [section 7112(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7112/a&num=0&edition=prelim)) have not been met; or
(ii) after the Secretary’s exercise of authority and before certification under this section, a valid e
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Federal law — U.S. Code and appendices · legal_authorities
Page 863
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 7112
shall be placed on the ballot of any election
under such subsection (b) with respect to the pe-
tition.
(d) The Authority shall determine who is eligi-
ble to vote in any election under this section
and shall establish rules governing any such
election, which shall include rules allowing em-
ployees 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 organiza-
tion.
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 representa-
tive.
(e) A labor organization seeking exclusive rec-
ognition shall submit to the Authority and the
agency involved a roster of its officers and rep-
resentatives, a copy of its constitution and by-
laws, 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 influ-
ences 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 organiza-
tion seeking exclusive recognition;
(3) if there is then in effect a lawful written
collective bargaining agreeme
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 7112
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