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5 U.S.C. § 7114 — Representation rights and duties

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7119&num=0&edition=prelim), to assist in any negotiation. (5) The rights of an exclusive represen

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Stable record: federal_law:legal_authorities:record_usc_1b11a34c2e7b9bb2b19b34e1
Source file: Laws/federal/codes/united-states-code/title-5/section-7114-representation-rights-and-duties--0f48a0b074.md
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Source location: Title 5, Chapter 71, § 7114; chapter-071-labor-management-relations.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7119&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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 fr

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7116&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7311&num=0&edition=prelim); (3) “agency” means an Executive agency (including a nonappropriated fund instrumentality described in [section 2105(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105/c&num=0&edition=prelim) and the Veterans’ Canteen Service, Department of Veterans Affairs), the Library of Congress, the Government Publishing Office, and the Smithsonian Institution 11 So in original. Probably should be followed by a comma. but does not include— (A) the Government Accountability Office; (B) the Federal Bureau of Investi

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

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

5 U.S.C. § 7114 — Representation rights and duties

Page 864 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7113 Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–378 struck out ‘‘(1)’’ after subsec. (a) designation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. § 7113. National consultation rights (a) If, in connection with any agency, no labor organization has been accorded exclusive rec- ognition on an agency basis, a labor organiza- tion which is the exclusive representative of a substantial number of the employees of the agency, as determined in accordance with cri- teria prescribed by the Authority, shall be granted national consultation rights by the agency. National consultation rights shall ter- minate 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 con- sultation rights shall be subject to determina- tion 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 pre- sented 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 p

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