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5 U.S.C. § 7105 — Powers and duties of the Authority

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

5 U.S.C. § 7105 — Powers and duties of the Authority

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Stable record: federal_law:legal_authorities:record_usc_d718c398690d402e6a5dcfd5
Source file: Laws/federal/codes/united-states-code/title-5/section-7105-powers-and-duties-of-the-authority--8da4610a8f.md
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Source location: Title 5, Chapter 71, § 7105; chapter-071-labor-management-relations.md

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**(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 with respect to conditions of employment under [section 7117(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7117/d&num=0&edition=prelim); (G) conduct hearings and resolve complaints of unfair labor practices under [section 7118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7118&num=0&edition=prelim); (H) resolve exceptions to arbitrator’s awards under [section 7122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7122&num=0&edition=prelim); and (I) take such other actions as are necessary and appropriate to effectively administer the provisions of this chapter. **(b)** The Authority shall adopt an official seal which shall be judicially noticed. **(c)** The principal office of the Authority shall be in or about the District of Columbia, but the Authority may meet and exercise any or all of its powers at any time or place. Except as otherwise expressly provided by law, the Authority may, by one or more of its members or by such agents as it may designate, make any appropriate inquiry necessary to carry out its duties wherever persons subject to this chapter are located. Any member who participates in the inquiry shall not be disqualified from later participating in a decision of the Authority in any case relating to the inquiry. **(d)** The Authority shall appoint an Executive Director and such regional directors, administrative law judges under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), and other individuals as it may from time to time find necessary for the proper performance of its functions. The Authority may delegate to officers and employees appointed under this subsection authority to perform such duties and make such expenditures as may be necessary. **(e)** (1) The Authority may delegate to any regional director its authority under this chapter— (A) to determine whether a group of employees is an appropriate unit; (B) to conduct investigations and to provide for hearings; (C) to determine whether a question of representation exists and to direct an election; and (D) to supervise or conduct secret ballot elections and certify the results thereof. (2) The Authority may delegate to any administrative law judge appointed under subsection (d) of this section its authority under [section 7118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7118&num=0&edition=prelim) to determine whether any person has engaged in or is engaging in an unfair labor practice. **(f)** If the Authority delegates any authority to any regional director or administrative law judge to take any action pursuant to subsection (e) of this section, the Authority may, upon application by any interested person filed within 60 days after the date of the action, review such action, but the review shall not, unless specifically ordered by the Authority, operate as a stay of action. The Authority may affirm, modify, or reverse any action reviewed under this subsection. If the Authority does not undertake to grant review of the action under this subsection within 60 days after the later of— (1) the date of the action; or (2) the date of the filing of any application under this subsection for review of the action; the action shall become the action of the Authority at the end of such 60-day period. **(g)** In order to carry out its functions under this chapter, the Authority may— (1) hold hearings; (2) administer oaths, take the testimony or deposition of any person under oath, and issue subpenas as provided in [section 7132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7132&num=0&edition=prelim); and (3) may require an agency or a labor organization to cease and desist from violations of this chapter and require it to take any remedial action it considers appropriate to carry out the policies of this chapter. **(h)** Except as provided in [section 518 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section518&num=0&edition=prelim), relating to litigation before the Supreme Court, attorneys designated by the Authority may appear for the Authority and represent the Authority in any civil action brought in connection with any function carried out by the Authority pursuant to this title or as otherwise authorized by law. **(i)** In the exercise of the functions of the Authority under this title, the Authority may request from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority.

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

5 U.S.C. § 7112 — Determination of appropriate units for labor organization representation

**(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

5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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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)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7122

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

5 U.S.C. § 7132 — Subpenas

**(a)** Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), and any employee of the Authority designated by the Authority may— (1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and (2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence. No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management. **(b)** In the case of contumacy or failure to obey a subpena issued under subsection (a)(1) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. **(c)** Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7132

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

5 U.S.C. § 7118 — Prevention of unfair labor practices

**(a)** (1) If any agency or labor organization is charged by any person with having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the agency or labor organization a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to state an unfair labor practice, the General Counsel shall provide the person making the charge a written statement of the reasons for not issuing a complaint. (2) Any complaint under paragraph (1) of this subsection shall contain a notice— (A) of the charge; (B) that a hearing will be held before the Authority (or any member thereof or before an individual employed by the authority and designated for such purpose); and (C) of the time and place fixed for the hearing. (3) The labor organization or agency involved shall have the right to file an answer to the original and any amended complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint for the hearing. (4) (A) Except as provided in subparagraph (B) of this paragraph, no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the Authority. (B) If the General Counsel determines that the person filing any charge was prevented from filing the charge during the 6-month period referred to in subparagraph (A) of this paragraph by reason of— (i) any failure of the agency or labor organization against which the charge is made to perform a duty owed to the person, or (ii) any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period, the General Counsel

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

28 U.S.C. § 518 — Conduct and argument of cases

**(a)** Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall conduct and argue suits and appeals in the Supreme Court and suits in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit and in the Court of International Trade in which the United States is interested. **(b)** When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so.

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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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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. § 7111 — Exclusive recognition of labor organizations

**(a)** An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election. **(b)** If a petition is filed with the Authority— (1) by any person alleging— (A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or (B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or (2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation; the Authority shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Authority finds on the record of the hearing that a question of representation exists, the Authority shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held. **(c)** A labor organization which— (1) has been designated by at least 10 percent of the employees in the unit specified in any petition file

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