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

Page 861 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7105 TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsection (e) of this section relating to transmittal to Congress of an annual report on cases heard and de- cisions rendered, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 171 of House Docu- ment No. 103–7. Executive Documents DELEGATION OF CERTAIN REPORTING AUTHORITY Memorandum of President of the United States, Dec. 8, 2004, 69 F.R. 74935, provided: Memorandum for the Chairman of the Federal Labor Relations Authority By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to the member who has been designated by the President as Chairman the functions conferred upon the President by 5 U.S.C. 7104(e) to provide the specified report to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 7105. Powers and duties of the Authority (a)(1) The Authority shall provide leadership in establishing policies and guidance relating to matters under this chapter, and, except as oth- erwise provided, shall be responsible for car- rying out the purpose of this chapter. (2) The Authority shall, to the extent provided in this chapter and in accordance with regula- tions prescribed by the Authority— (A) determine the appropriateness of units for labor organization representation under section 7112 of this title; (B) supervise or conduct elections to deter- mine 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 relating to the ac- cording of exclusive recognition to labor orga- nizations; (C) prescribe criteria and resolve issues re- lating to the granting of national consultation rights under section 7113 of this title; (D) prescribe criteria and resolve issues re- lating to determining compelling need for agency rules or regulations under section 7117(b) of this title; (E) resolves issues relating to the duty to bargain in good faith under section 7117(c) of this title; (F) prescribe criteria relating to the grant- ing of consultation rights with respect to con- ditions of employment under section 7117(d) of this title; (G) conduct hearings and resolve complaints of unfair labor practices under section 7118 of this title; (H) resolve exceptions to arbitrator’s awards under section 7122 of this title; 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 other- wise expressly provided by law, the Authority may, by one or more of its members or by such agents as it may designate, make any appro- priate inquiry necessary to carry out its duties wherever persons subject to this chapter are lo- cated. Any member who participates in the in- quiry shall not be disqualified from later par- ticipating 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, adminis- trative law judges under section 3105 of this title, and other individuals as it may from time to time find necessary for the proper perform- ance of its functions. The Authority may dele- gate to officers and employees appointed under this subsection authority to perform such duties and make such expenditures as may be nec- essary. (e)(1) The Authority may delegate to any re- gional director its authority under this chap- ter— (A) to determine whether a group of employ- ees is an appropriate unit; (B) to conduct investigations and to provide for hearings; (C) to determine whether a question of rep- resentation 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 admin- istrative law judge appointed under subsection (d) of this section its authority under section 7118 of this title to determine whether any per- son 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 ap- plication by any interested person filed within 60 days after the date of the action, review such action, but the review shall not, unless specifi- cally ordered by the Authority, operate as a stay of action. The Authority may affirm, mod- ify, or reverse any action reviewed under this subsection. If the Authority does not undertake to grant review of the action under this sub- section 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 Au- thority 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; and (3) may require an agency or a labor organi- zation to cease and desist from violations of this chapter and require it to take any reme- dial action it considers appropriate to carry out the policies of this chapter. (h) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, Page 862 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7106 attorneys designated by the Authority may ap- pear for the Authority and represent the Au- thority in any civil action brought in connec- tion with any function carried out by the Au- thority pursuant to this title or as otherwise au- thorized by law. (i) In the exercise of the functions of the Au- thority under this title, the Authority may re- quest from the Director of the Office of Per- sonnel Management an advisory opinion con- cerning the proper interpretation of rules, regu- lations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1196.) 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)(2)(D), (E), (G), and (H) of this section sus- pended with respect to any matter which substantially impairs 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(a) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title. § 7106. Management rights (a) Subject to subsection (b) of this section, nothing in this chapter shall affect the author- ity of any management official of any agency— (1) to determine the mission, budget, organi- zation, number of employees, and internal se- curity practices of the agency; and (2) in accordance with applicable laws— (A) to hire, assign, direct, layoff, and re- tain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such em- ployees; (B) to assign work, to make determina- tions with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; (C) with respect to filling positions, to make selections for appointments from— (i) among properly ranked and certified candidates for promotion; or (ii) any other appropriate source; and (D) to take whatever actions may be nec- essary to carry out the agency mission dur- ing emergencies. (b) Nothing in this section shall preclude any agency and any labor organization from negoti- ating— (1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational sub- division, work project, or tour of duty, or on the technology, methods, and means of per- forming work; (2) procedures which management officials of the agency will observe in exercising any au- thority under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any au- thority under this section by such manage- ment officials. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1198.) 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. SUBCHAPTER II—RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS § 7111. Exclusive recognition of labor organiza- tions (a) An agency shall accord exclusive recogni- tion to a labor organization if the organization has been selected as the representative, in a se- cret ballot election, by a majority of the em- ployees 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 ap- propriate unit wish to be represented for the purpose of collective bargaining by an exclu- sive 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 ef- fect or a matter relating to representation; the Authority shall investigate the petition, and if it has reasonable cause to believe that a ques- tion of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Au- thority 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 sub- section shall not be conducted in any appro- priate 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 filed pursuant to subsection (b) of this section; (2) has submitted a valid copy of a current or recently expired collective bargaining agree- ment for the unit; or (3) has submitted other evidence that it is the exclusive representative of the employees involved; may intervene with respect to a petition filed pursuant to subsection (b) of this section and