5 U.S.C. § 7116 — Unfair labor practices

Page 865 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7116 (C) which does not constitute guidance, ad- vice, counsel, or training provided for man- agement officials or supervisors, relating to collective bargaining; and (5) if agreement is reached, to execute on the request of any party to the negotiation a writ- ten document embodying the agreed terms, and to take such steps as are necessary to im- plement such agreement. (c)(1) An agreement between any agency and an exclusive representative shall be subject to approval by the head of the agency. (2) The head of the agency shall approve the agreement within 30 days from the date the agreement is executed if the agreement is in ac- cordance with the provisions of this chapter and any other applicable law, rule, or regulation (unless the agency has granted an exception to the provision). (3) If the head of the agency does not approve or disapprove the agreement within the 30-day period, the agreement shall take effect and shall be binding on the agency and the exclusive rep- resentative subject to the provisions of this chapter and any other applicable law, rule, or regulation. (4) A local agreement subject to a national or other controlling agreement at a higher level shall be approved under the procedures of the controlling agreement or, if none, under regula- tions prescribed by the agency. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1202.) 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. (a)(1) and (4) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces of any treaty or agreement, in- cluding any minutes or understandings thereto, be- tween the United States and the Government of the host nation, see section 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. § 7115. Allotments to representatives (a) If an agency has received from an employee in an appropriate unit a written assignment which authorizes the agency to deduct from the pay of the employee amounts for the payment of regular and periodic dues of the exclusive rep- resentative of the unit, the agency shall honor the assignment and make an appropriate allot- ment pursuant to the assignment. Any such al- lotment shall be made at no cost to the exclu- sive representative or the employee. Except as provided under subsection (b) of this section, any such assignment may not be revoked for a period of 1 year. (b) An allotment under subsection (a) of this section for the deduction of dues with respect to any employee shall terminate when— (1) the agreement between the agency and the exclusive representative involved ceases to be applicable to the employee; or (2) the employee is suspended or expelled from membership in the exclusive representa- tive. (c)(1) Subject to paragraph (2) of this sub- section, if a petition has been filed with the Au- thority by a labor organization alleging that 10 percent of the employees in an appropriate unit in an agency have membership in the labor orga- nization, the Authority shall investigate the pe- tition to determine its validity. Upon certifi- cation by the Authority of the validity of the petition, the agency shall have a duty to nego- tiate with the labor organization solely con- cerning the deduction of dues of the labor orga- nization from the pay of the members of the labor organization who are employees in the unit and who make a voluntary allotment for such purpose. (2)(A) The provisions of paragraph (1) of this subsection shall not apply in the case of any ap- propriate unit for which there is an exclusive representative. (B) Any agreement under paragraph (1) of this subsection between a labor organization and an agency with respect to an appropriate unit shall be null and void upon the certification of an ex- clusive representative of the unit. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1203.) 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. § 7116. Unfair labor practices (a) For the purpose of this chapter, it shall be an unfair labor practice for an agency— (1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter; (2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment; (3) to sponsor, control, or otherwise assist any labor organization, other than to furnish, upon request, customary and routine services and facilities if the services and facilities are also furnished on an impartial basis to other labor organizations having equivalent status; (4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter; (5) to refuse to consult or negotiate in good faith with a labor organization as required by this chapter; (6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter; (7) to enforce any rule or regulation (other than a rule or regulation implementing sec- tion 2302 of this title) which is in conflict with any applicable collective bargaining agree- ment if the agreement was in effect before the date the rule or regulation was prescribed; or Page 866 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7117 (8) to otherwise fail or refuse to comply with any provision of this chapter. (b) For the purpose of this chapter, it shall be an unfair labor practice for a labor organiza- tion— (1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter; (2) to cause or attempt to cause an agency to discriminate against any employee in the ex- ercise by the employee of any right under this chapter; (3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment, reprisal, or for the purpose of hindering or impeding the member’s work per- formance or productivity as an employee or the discharge of the member’s duties as an em- ployee; (4) to discriminate against an employee with regard to the terms or conditions of member- ship in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition; (5) to refuse to consult or negotiate in good faith with an agency as required by this chap- ter; (6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter; (7)(A) to call, or participate in, a strike, work stoppage, or slowdown, or picketing of an agency in a labor-management dispute if such picketing interferes with an agency’s op- erations, or (B) to condone any activity described in sub- paragraph (A) of this paragraph by failing to take action to prevent or stop such activity; or (8) to otherwise fail or refuse to comply with any provision of this chapter. Nothing in paragraph (7) of this subsection shall result in any informational picketing which does not interfere with an agency’s operations being considered as an unfair labor practice. (c) For the purpose of this chapter it shall be an unfair labor practice for an exclusive rep- resentative to deny membership to any em- ployee in the appropriate unit represented by such exclusive representative except for fail- ure— (1) to meet reasonable occupational stand- ards uniformly required for admission, or (2) to tender dues uniformly required as a condition of acquiring and retaining member- ship. This subsection does not preclude any labor or- ganization from enforcing discipline in accord- ance with procedures under its constitution or bylaws to the extent consistent with the provi- sions of this chapter. (d) Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 7121(e) and (f) of this title, an employee has an option of using the negotiated grievance proce- dure or an appeals procedure, issues which can be raised under a grievance procedure may, in the discretion of the aggrieved party, be raised under the grievance procedure or as an unfair labor practice under this section, but not under both procedures. (e) The expression of any personal view, argu- ment, opinion or the making of any statement which— (1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such election, (2) corrects the record with respect to any false or misleading statement made by any person, or (3) informs employees of the Government’s policy relating to labor-management relations and representation, shall not, if the expression contains no threat of reprisal or force or promise of benefit or was not made under coercive conditions, (A) constitute an unfair labor practice under any provision of this chapter, or (B) constitute grounds for the setting aside of any election conducted under any provisions of this chapter. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1204.) 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. (a)(5) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces, and subsec. (a)(7) of this section sus- pended with regard to any regulation governing the im- plementation by the United States Forces, of any trea- ty or agreement, including any minutes or under- standings thereto, between the United States and the Government of the host nation, see section 1(b), (c) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title. § 7117. Duty to bargain in good faith; compelling need; duty to consult (a)(1) Subject to paragraph (2) of this sub- section, the duty to bargain in good faith shall, to the extent not inconsistent with any Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any rule or regulation only if the rule or regulation is not a Government-wide rule or regulation. (2) The duty to bargain in good faith shall, to the extent not inconsistent with Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any agency rule or regulation referred to in paragraph (3) of this subsection only if the Authority has deter- mined under subsection (b) of this section that no compelling need (as determined under regula- tions prescribed by the Authority) exists for the rule or regulation. (3) Paragraph (2) of the subsection applies to any rule or regulation issued by any agency or issued by any primary national subdivision of such agency, unless an exclusive representative