5 U.S.C. § 7114 — Representation rights and duties

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 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