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7 U.S.C. § 7013 — Successorship provisions relating to bargaining units and exclusive representatives
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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Stable record: federal_law:legal_authorities:record_usc_59230b037877ec5e19afb11e
Source file: Laws/federal/codes/united-states-code/title-7/section-7013-successorship-provisions-relating-to-bargaining-units-and-exclusive-repr--cfddb30c89.md
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Source location: Title 7, Chapter 98, § 7013; chapter-098-department-of-agriculture-reorganization.md
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**(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 election under [section 7111(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7111/b&num=0&edition=prelim) is held covering any employees who would be included in the unit proposed for certification.
(B) *Temporary waiver of provision that would bar an election after a collective bargaining agreement is reached* — Nothing in [section 7111(f)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7111/f/3&num=0&edition=prelim) shall prevent the holding of an election under section 7111(b) of such title that covers employees within a unit certified under paragraph (1), or giving effect to the results of such an election (including a decision not to be represented by any labor organization), if the election is held before the end of the 12-month period beginning on the date such unit is so certified.
(C) *Clarification* — The certification of a unit under paragraph (1) shall not, for purposes of the last sentence of [section 7111(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7111/b&num=0&edition=prelim) or section 7111(f)(4) of such title, be treated as if it had occurred pursuant to an election.
(3) **Delegation**
(A) *In general* — The Federal Labor Relations Authority may delegate to any regional director (as referred to in [section 7105(e) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7105/e&num=0&edition=prelim)) its authority under the preceding provisions of this subsection.
(B) *Review* — Any action taken by a regional director under subparagraph (A) shall be subject to review under the provisions of [section 7105(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7105/f&num=0&edition=prelim) in the same manner as if such action had been taken under section 7105(e) of such title, except that in the case of a decision not to certify, such review shall be required if application therefor is filed by an affected party within the time specified in such provisions.
**(c) “Affected party” defined** For purposes of this section, the term “affected party” means—
(1) with respect to an exercise of authority by the Secretary under this chapter, any labor organization affected thereby; and
(2) the Department of Agriculture.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than December 1, 2000, the Federal Crop Insurance Corporation and the Risk Management Agency shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a plan, that is consistent with this subchapter, to allow agricultural producers to—
(1) obtain, over the Internet, from approved insurance providers all forms and other information concerning the program under the jurisdiction of the Corporation and Agency in which the agricultural producer is a participant; and
(2) file electronically all paperwork required for participation in the program.
**(b) Administration** The plan shall—
(1) conform to sections 7031(c) and 7032(b) of this title; and
(2) prescribe—
(A) the location and type of data to be made available to agricultural producers;
(B) the location where agricultural producers can electronically file their paperwork; and
(C) the responsibilities of the applicable parties, including agricultural producers, the Risk Management Agency, the Federal Crop Insurance Corporation, approved insurance providers, crop insurance agents, and brokers.
**(c) Implementation** Not later than December 1, 2001, the Federal Crop Insurance Corporation and the Risk Management Agency shall complete implementation of the plan submitted under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 6901
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Federal law — U.S. Code and appendices · legal_authorities
Page 1955
TITLE 7—AGRICULTURE
§ 7014
(b) Effect of an agreement
(1) In general
If the affected parties reach agreement on
the appropriate unit and the exclusive rep-
resentative 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 cer-
tification.
(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)
(dis-
regarding section 7112(a) of title 5) have
not been met; or
(ii) after the Secretary’s exercise of au-
thority and before certification under this
section, a valid election under section
7111(b) of title 5 is held covering any em-
ployees who would be included in the unit
proposed for certification.
(B) Temporary waiver of provision that
would bar an election after a collective
bargaining agreement is reached
Nothing in section 7111(f)(3) of title 5 shall
prevent the holding of an election under sec-
tion 7111(b) of such title that covers employ-
ees within a unit certified under paragraph
(1), or giving effect to the results of such an
election (including a decision not to be rep-
resented by any labor organization), if the
election is held before the end of the 12-
month period beginning on the date such
unit is so certified.
(C) Clarification
The certification of a unit under para-
graph (1) shall not, for purposes of the last
sentence of section 7111(b) of title 5 or sec-
tion 7111(f)(4) of such title, be treated as if it
had occurred pursua
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