5 U.S.C. § 7104 — Federal Labor Relations Authority

Page 860 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7104 [‘‘](D) Special Operations Command South (SOCSOUTH). [‘‘](E) Special Operations Command Pacific (SOCPAC). [‘‘](F) Special Operations Command Africa (SOCAFRICA). [‘‘](G) Special Operations Command Central (SOCCENT). [‘‘](H) Special Operations Command North (SOCNORTH).’’; (g) revising section 1–215 to read as follows: ‘‘Sec. 1–215. National Geospatial-Intelligence Agency (NGA), Department of Defense.’’; and (h) inserting after section 1–216 the following new sec- tions: ‘‘1–217. Defense Advanced Research Projects Agency, Department of Defense. [‘‘]1–218. National Reconnaissance Office, Department of Defense. [‘‘]1–219. Office of the Under Secretary of Defense for Intelligence, Department of Defense. [‘‘]1–220. Field Detachment, Defense Contract Audit Agency, Department of Defense. [‘‘]1–221. Special Programs Directorate, Defense Con- tract Management Agency, Department of Defense. [‘‘]1–222. The following subdivisions of the Defense In- formation Systems Agency, Department of Defense: [‘‘](a) Joint Force Headquarters—Department of De- fense Information Networks. [‘‘](b) White House Communications Agency. [‘‘]1–223. The following subdivisions of the Defense Logistics Agency, Department of Defense: [‘‘](a) Defense Logistics Agency Intelligence. [‘‘](b) Joint Logistics Operations Center. [‘‘](c) Computer Emergency Response Team and Inci- dent Response Branch. [‘‘]1–224. Strategic Capabilities Office, Department of Defense.’’. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof, or the status of that department or agency within the Federal Gov- ernment; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. DELEGATION OF CERTAIN AUTHORITY UNDER THE FED- ERAL SERVICE LABOR-MANAGEMENT RELATIONS STAT- UTE Memorandum of President of the United States, Jan. 29, 2020, 85 F.R. 10033, which delegated to the Secretary of Defense authority under subsec. (b)(1) and (2) of this section to issue orders excluding Department of De- fense agencies or subdivisions thereof from Federal Service Labor-Management Relations Act coverage, was revoked by Ex. Ord. No. 14018, § 1, Feb. 24, 2021, 86 F.R. 11855. § 7104. Federal Labor Relations Authority (a) The Federal Labor Relations Authority is composed of three members, not more than 2 of whom may be adherents of the same political party. No member shall engage in any other business or employment or hold another office or position in the Government of the United States except as otherwise provided by law. (b) Members of the Authority shall be ap- pointed by the President by and with the advice and consent of the Senate, and may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The President shall des- ignate one member to serve as Chairman of the Authority. The Chairman is the chief executive and administrative officer of the Authority. (c) A member of the Authority shall be ap- pointed for a term of 5 years. An individual cho- sen to fill a vacancy shall be appointed for the unexpired term of the member replaced. The term of any member shall not expire before the earlier of— (1) the date on which the member’s successor takes office, or (2) the last day of the Congress beginning after the date on which the member’s term of office would (but for this paragraph) expire. (d) A vacancy in the Authority shall not im- pair the right of the remaining members to exer- cise all of the powers of the Authority. (e) The Authority shall make an annual report to the President for transmittal to the Congress which shall include information as to the cases it has heard and the decisions it has rendered. (f)(1) The General Counsel of the Authority shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel may be removed at any time by the President. The General Coun- sel shall hold no other office or position in the Government of the United States except as pro- vided by law. (2) The General Counsel may— (A) investigate alleged unfair labor practices under this chapter, (B) file and prosecute complaints under this chapter, and (C) exercise such other powers of the Author- ity as the Authority may prescribe. (3) The General Counsel shall have direct au- thority over, and responsibility for, all employ- ees in the office of General Counsel, including employees of the General Counsel in the re- gional offices of the Authority. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1196; amended Pub. L. 98–224, § 3, Mar. 2, 1984, 98 Stat. 47.) Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–224, § 3(a), inserted provi- sion directing that Chairman be chief executive and ad- ministrative officer. Subsec. (c). Pub. L. 98–224, § 3(b), substituted provi- sion that a member of Authority be appointed for a term of 5 years and an individual chosen to fill a va- cancy be appointed for unexpired term of member re- placed for provision that one original member of Au- thority be appointed for a term of 1 year, one for a term of 3 years, and Chairman for a term of 5 years, and thereafter each member be appointed for a term of 5 years. 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. 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,