5 U.S.C. § 7102 — Employees’ rights

Page 852 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7102 Office of Personnel Management also shall continu- ously review the operation of the Federal labor-man- agement relations program to assist in assuring adher- ence to its provisions and merit system requirements; implement technical advice and information programs for the agencies; assist in the development of programs for training agency personnel and management offi- cials in labor-management relations; and, from time to time, report to the Authority on the state of the pro- gram with any recommendations for its improvement. (b) The Office of Personnel Management shall develop programs for the collection and dissemination of infor- mation appropriate to the needs of agencies, organiza- tions and the public. SEC. 26. Effective date. This Order is effective on Janu- ary 1, 1970, except sections 7(f) and 8 which are effective immediately. Effective January 1, 1970, Executive Order No. 10988 and the President’s Memorandum of May 21, 1963, entitled Standards of Conduct for Em- ployee Organizations and Code of Fair Labor Practices, are revoked. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] EXECUTIVE ORDER NO. 12871 Ex. Ord. No. 12871, Oct. 1, 1993, 58 F.R. 52201, as amended by Ex. Ord. No. 12983, Dec. 21, 1995, 60 F.R. 66855; Ex. Ord. No. 13156, § 1, May 17, 2000, 65 F.R. 31785, which established the National Partnership Council and required the head of certain Government agencies to implement labor-management partnerships to help reform Government, was revoked by Ex. Ord. No. 13203, Feb. 17, 2001, 66 F.R. 11227. EXECUTIVE ORDER NO. 13522 Ex. Ord. No. 13522, Dec. 9, 2009, 74 F.R. 66203, which re- lated to the establishment of the National Council on Federal Labor-Management Relations and implementa- tion of labor-management forums, was revoked by Ex. Ord. No. 13812, Sept. 29, 2017, 82 F.R. 46367. Ex. Ord. No. 13812 was revoked, and Ex. Ord. No. 13522 was super- seded, by Ex. Ord. No. 14119, §§ 6(a), 7(a), Mar. 6, 2024, 89 F.R. 17268, 17269, set out in a note under section 50 of Title 29, Labor. EXTENSION OF TERM OF NATIONAL COUNCIL ON FEDERAL LABOR-MANAGEMENT RELATIONS Term of National Council on Federal Labor-Manage- ment Relations extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of this title. Previous extensions of term of National Council on Federal Labor-Management Relations were contained in the following prior Executive Orders: Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, ex- tended term until Sept. 30, 2013. EXTENSION OF TERM OF U.S. GENERAL SERVICES ADMIN- ISTRATION LABOR-MANAGEMENT RELATIONS COUNCIL Term of U.S. General Services Administration Labor- Management Relations Council extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of this title. EXECUTIVE ORDER NO. 13836 Ex. Ord. No. 13836, May 25, 2018, 83 F.R. 25329, which related to Federal sector collective bargaining, was re- voked by Ex. Ord. No. 14003, § 3(a), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. EXECUTIVE ORDERS 13836, 13837, AND 13839 Memorandum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, which related to adherence to cer- tain collective bargaining agreements, was revoked by Ex. Ord. No. 14003, § 3(d), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. § 7102. Employees’ rights Each employee shall have the right to form, join, or assist any labor organization, or to re- frain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right— (1) to act for a labor organization in the ca- pacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appro- priate authorities, and (2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192.) Editorial Notes PRIOR PROVISIONS A prior section 7102, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, related to right of employees to petition Con- gress, prior to the general amendment of this chapter by Pub. L. 95–454. See section 7211 of this title. 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 Par. (2) of this section suspended with respect to any matter proposed for bargaining which would substan- tially impair the implementation by the United States Forces of any treaty or agreement, including any min- utes or understandings thereto, between the United States and the Government of the host nation, see sec- tion 1(b) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title. § 7103. Definitions; application (a) For the purpose of this chapter— (1) ‘‘person’’ means an individual, labor or- ganization, 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 and who has not obtained any other regular and substan- tially equivalent employment, as deter- mined 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