5 U.S.C. § 7132 — Subpenas

Page 873 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7132 ported by substantial evidence on the record considered as a whole, shall be conclusive. If any person applies to the court for leave to adduce additional evidence and shows to the satisfac- tion of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the Authority, or its designee, the court may order the additional evidence to be taken before the Authority, or its designee, and to be made a part of the record. The Author- ity may modify its findings as to the facts, or make new findings by reason of additional evi- dence so taken and filed. The Authority shall file its modified or new findings, which, with re- spect to questions of fact, if supported by sub- stantial evidence on the record considered as a whole, shall be conclusive. The Authority shall file its recommendations, if any, for the modi- fication or setting aside of its original order. Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the judgment and decree shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28. (d) The Authority may, upon issuance of a complaint as provided in section 7118 of this title charging that any person has engaged in or is engaging in an unfair labor practice, petition any United States district court within any dis- trict in which the unfair labor practice in ques- tion is alleged to have occurred or in which such person resides or transacts business for appro- priate temporary relief (including a restraining order). Upon the filing of the petition, the court shall cause notice thereof to be served upon the person, and thereupon shall have jurisdiction to grant any temporary relief (including a tem- porary restraining order) it considers just and proper. A court shall not grant any temporary relief under this section if it would interfere with the ability of the agency to carry out its essential functions or if the Authority fails to establish probable cause that an unfair labor practice is being committed. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1213.) 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. (b) of this section suspended with respect to any matter which substantially impairs the implemen- tation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Govern- ment of the host nation, see section 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. SUBCHAPTER IV—ADMINISTRATIVE AND OTHER PROVISIONS § 7131. Official time (a) Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, in- cluding attendance at impasse proceeding, dur- ing the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this sub- section shall not exceed the number of individ- uals designated as representing the agency for such purposes. (b) Any activities performed by any employee relating to the internal business of a labor orga- nization (including the solicitation of member- ship, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a non-duty status. (c) Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the em- ployee otherwise would be in a duty status. (d) Except as provided in the preceding sub- sections of this section— (1) any employee representing an exclusive representative, or (2) in connection with any other matter cov- ered by this chapter, any employee in an ap- propriate unit represented by an exclusive rep- resentative, shall be granted official time in any amount the agency and the exclusive representative in- volved agree to be reasonable, necessary, and in the public interest. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1214.) 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. Executive Documents EXECUTIVE ORDER NO. 13837 Ex. Ord. No. 13837, May 25, 2018, 83 F.R. 25335, which limited the use of taxpayer-funded union time by Fed- eral employees in representing labor organizations and performing other non-agency business, was revoked by Ex. Ord. No. 14003, § 3(b), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. [Ex. Ord. No. 13837, formerly set out above, construed to be amended to the extent necessary, by Memo- randum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, set out as a note under section 7101 of this title.] § 7132. Subpenas (a) Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under section 3105 of this title, and any employee of the Au- thority designated by the Authority may— Page 874 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7133 (1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and (2) administer oaths, take or order the tak- ing of depositions, order responses to written interrogatories, examine witnesses, and re- ceive evidence. No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management. (b) In the case of contumacy or failure to obey a subpena issued under subsection (a)(1) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to ap- pear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1214.) 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. § 7133. Compilation and publication of data (a) The Authority shall maintain a file of its proceedings and copies of all available agree- ments and arbitration decisions, and shall pub- lish the texts of its decisions and the actions taken by the Panel under section 7119 of this title. (b) All files maintained under subsection (a) of this section shall be open to inspection and re- production in accordance with the provisions of sections 552 and 552a of this title. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1215.) 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. § 7134. Regulations The Authority, the General Counsel, the Fed- eral Mediation and Conciliation Service, the As- sistant Secretary of Labor for Labor Manage- ment Relations, and the Panel shall each pre- scribe rules and regulations to carry out the provisions of this chapter applicable to each of them, respectively. Provisions of subchapter II of chapter 5 of this title shall be applicable to the issuance, revision, or repeal of any such rule or regulation. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1215.) 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. § 7135. Continuation of existing laws, recogni- tions, agreements, and procedures (a) Nothing contained in this chapter shall preclude— (1) the renewal or continuation of an exclu- sive recognition, certification of an exclusive representative, or a lawful agreement between an agency and an exclusive representative of its employees, which is entered into before the effective date of this chapter; or (2) the renewal, continuation, or initial ac- cording of recognition for units of manage- ment officials or supervisors represented by labor organizations which historically or tra- ditionally represent management officials or supervisors in private industry and which hold exclusive recognition for units of such officials or supervisors in any agency on the effective date of this chapter. (b) Policies, regulations, and procedures estab- lished under and decisions issued under Execu- tive Orders 11491, 11616, 11636, 11787, and 11838, or under any other Executive order, as in effect on the effective date of this chapter, shall remain in full force and effect until revised or revoked by the President, or unless superseded by spe- cific provisions of this chapter or by regulations or decisions issued pursuant to this chapter. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1215.) Editorial Notes REFERENCES IN TEXT For the effective date of this chapter, referred to in text, as 90 days after the date of the enactment of Pub. L. 95–454, which was approved Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. Executive Orders 11491, 11616, 11636, and 11838, referred to in subsec. (b), are set out as notes under section 7101 of this title. Executive Order 11787, referred to in subsec. (b), which was set out as a note under section 7701 of this title, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. 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. [§§ 7151 to 7154. Transferred] Editorial Notes CODIFICATION Section 7151, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, which related to antidiscrimination policy of United States with respect to employment, was renumbered section 7201 of this title by Pub. L. 95–454, title VII, § 703(a)(1), Oct. 13, 1978, 92 Stat. 1216. Section 7152, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523; Pub. L. 92–187, § 3, Dec. 15, 1971, 85 Stat. 644, which re-