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 provide the labor orga- nization 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 bar- gaining. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1201; amended Pub. L. 102–378, § 2(55), Oct. 2, 1992, 106 Stat. 1354.) 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. § 7114. Representation rights and duties (a)(1) A labor organization which has been ac- corded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and nego- tiate collective bargaining agreements covering, all employees in the unit. An exclusive rep- resentative is responsible for representing the interests of all employees in the unit it rep- resents without discrimination and without re- gard to labor organization membership. (2) An exclusive representative of an appro- priate unit in an agency shall be given the op- portunity 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 represent- atives concerning any grievance or any per- sonnel 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 con- nection 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 em- ployees of their rights under paragraph (2)(B) of this subsection. (4) Any agency and any exclusive representa- tive 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 rep- resentative may determine appropriate tech- niques, consistent with the provisions of section 7119 of this title, 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 choos- ing 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 proce- dures 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 sin- cere 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 em- ployment; (3) to meet at reasonable times and conven- ient 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 au- thorized 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 nec- essary for full and proper discussion, under- standing, and negotiation of subjects within the scope of collective bargaining; and