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5 U.S.C. § 7113 — National consultation rights

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

5 U.S.C. § 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.

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Source file: Laws/federal/codes/united-states-code/title-5/section-7113-national-consultation-rights--a218877f36.md
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Source location: Title 5, Chapter 71, § 7113; chapter-071-labor-management-relations.md

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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. § 7113 — National consultation rights

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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