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5 U.S.C. § 7122 — Exceptions to arbitral awards

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

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7121/f&num=0&edition=prelim)). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5596&num=0&edition=prelim)).

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Source file: Laws/federal/codes/united-states-code/title-5/section-7122-exceptions-to-arbitral-awards--83b82a4ebb.md
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Source location: Title 5, Chapter 71, § 7122; chapter-071-labor-management-relations.md

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

5 U.S.C. § 5596 — Back pay due to unjustified personnel action

**(a)** For the purpose of this section, “agency” means— (1) an Executive agency; (2) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by [section 610 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section610&num=0&edition=prelim); (3) the Library of Congress; (4) the Government Publishing Office; (5) the government of the District of Columbia; (6) the Architect of the Capitol, including employees of the United States Senate Restaurants; and (7) the United States Botanic Garden. **(b)** (1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee— (A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect— (i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and (ii) reasonable attorney fees related to the personnel action which, with respect to any decision relating to an unfair labor practice or a grievance processed under a procedure negotiated in accordance with chapter 71 of this title, or under chapter 11 of title I of the Foreign Serv

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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. § 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](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

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

5 U.S.C. § 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](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

5 U.S.C. § 7122 — Exceptions to arbitral awards

Page 872 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7122 (A) the remedy described in paragraph (3)(A) if such person has timely filed a notice of ap- peal 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). (h) Settlements and awards under this chapter shall be subject to the limitations in section 5596(b)(4) of this title. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1211; amended Pub. L. 103–424, § 9, Oct. 29, 1994, 108 Stat. 4365; Pub. L. 105–261, div. A, title XI, § 1104(b), Oct. 17, 1998, 112 Stat. 2142.) Editorial Notes AMENDMENTS 1998—Subsec. (h). Pub. L. 105–261 added subsec. (h). 1994—Subsec. (a)(1). Pub. L. 103–424, § 9(c), substituted ‘‘(d), (e), and (g)’’ for ‘‘(d) and (e)’’ and inserted ‘‘admin- istrative’’ after ‘‘exclusive’’. Subsec. (b). Pub. L. 103–424, § 9(a), designated existing provisions as par. (1) and redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and subpars. (A) to (C) of former par. (3) as cls. (i) to (iii) of subpar. (a)(1)(C), respectively, and added par. (2). Subsec. (g). Pub. L. 103–424, § 9(b), added subsec. (g). 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. PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR- MANAGEMENT RELATIONS Subsec. (b)(3)(C) of thi

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