-CITE-
    5 USC CHAPTER 71 - LABOR-MANAGEMENT RELATIONS               01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS

-HEAD-
                  CHAPTER 71 - LABOR-MANAGEMENT RELATIONS              

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    7101.       Findings and purpose.                                 
    7102.       Employees' rights.                                    
    7103.       Definitions; application.                             
    7104.       Federal Labor Relations Authority.                    
    7105.       Powers and duties of the Authority.                   
    7106.       Management rights.                                    

          SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                               ORGANIZATIONS
    7111.       Exclusive recognition of labor organizations.         
    7112.       Determination of appropriate units for labor
                 organization representation.                         
    7113.       National consultation rights.                         
    7114.       Representation rights and duties.                     
    7115.       Allotments to representatives.                        
    7116.       Unfair labor practices.                               
    7117.       Duty to bargain in good faith; compelling need; duty
                 to consult.                                          
    7118.       Prevention of unfair labor practices.                 
    7119.       Negotiation impasses; Federal Service Impasses Panel. 
    7120.       Standards of conduct for labor organizations.         

             SUBCHAPTER III - GRIEVANCES, APPEALS, AND REVIEW         
    7121.       Grievance procedures.                                 
    7122.       Exceptions to arbitral awards.                        
    7123.       Judicial review; enforcement.                         

            SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS        
    7131.       Official time.                                        
    7132.       Subpenas.                                             
    7133.       Compilation and publication of data.                  
    7134.       Regulations.                                          
    7135.       Continuation of existing laws, recognitions,
                 agreements, and procedures.                          

                                AMENDMENTS                            
      1978 - Pub. L. 95-454, title VII, Secs. 701, 703(a)(2), Oct. 13,
    1978, 92 Stat. 1191, 1217, in heading for Subpart F inserted "Labor-
    Management and" before "Employee", in heading for chapter 71
    substituted "LABOR-MANAGEMENT RELATIONS" for "POLICIES", in heading
    for subchapter I substituted "GENERAL PROVISIONS" for "EMPLOYEE
    ORGANIZATIONS", in item 7101 substituted "Findings and purpose" for
    "Right to organize; postal employees", in item 7102 substituted
    "Employees' rights" for "Right to petition Congress; employees",
    added items 7103 to 7106, and added subchapter II and items 7111 to
    7120, subchapter III and items 7121 to 7123, and subchapter IV and
    items 7131 to 7135. Former subchapter II heading
    "ANTIDISCRIMINATION IN EMPLOYMENT" and items 7151 to 7154,
    "Policy", "Marital status", "Physical handicap", and "Other
    prohibitions", respectively, were transferred to subchapter I of
    chapter 72 and renumbered and amended.

-End-

-CITE-
    5 USC SUBCHAPTER I - GENERAL PROVISIONS                     01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    5 USC Sec. 7101                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 7101. Findings and purpose

-STATUTE-
      (a) The Congress finds that - 
        (1) experience in both private and public employment indicates
      that the statutory protection of the right of employees to
      organize, bargain collectively, and participate through labor
      organizations of their own choosing in decisions which affect
      them - 
          (A) safeguards the public interest,
          (B) contributes to the effective conduct of public business,
        and
          (C) facilitates and encourages the amicable settlements of
        disputes between employees and their employers involving
        conditions of employment; and

        (2) the public interest demands the highest standards of
      employee performance and the continued development and
      implementation of modern and progressive work practices to
      facilitate and improve employee performance and the efficient
      accomplishment of the operations of the Government.

    Therefore, labor organizations and collective bargaining in the
    civil service are in the public interest.
      (b) It is the purpose of this chapter to prescribe certain rights
    and obligations of the employees of the Federal Government and to
    establish procedures which are designed to meet the special
    requirements and needs of the Government. The provisions of this
    chapter should be interpreted in a manner consistent with the
    requirement of an effective and efficient Government.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1192.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7101, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.
    523; Pub. L. 91-375, Sec. 6(c)(19), Aug. 12, 1970, 84 Stat. 776,
    related to right of postal employees to organize, prior to the
    general amendment of this chapter by Pub. L. 94-454.

                              EFFECTIVE DATE                          
      Chapter effective 90 days after 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.

                             EMPLOYEE SURVEYS                         
      Pub. L. 108-136, div. A, title XI, Sec. 1128, Nov. 24, 2003, 117
    Stat. 1641, provided that:
      "(a) In General. - Each agency shall conduct an annual survey of
    its employees (including survey questions unique to the agency and
    questions prescribed under subsection (b)) to assess - 
        "(1) leadership and management practices that contribute to
      agency performance; and
        "(2) employee satisfaction with - 
          "(A) leadership policies and practices;
          "(B) work environment;
          "(C) rewards and recognition for professional accomplishment
        and personal contributions to achieving organizational mission;
          "(D) opportunity for professional development and growth; and
          "(E) opportunity to contribute to achieving organizational
        mission.
      "(b) Regulations. - The Office of Personnel Management shall
    issue regulations prescribing survey questions that should appear
    on all agency surveys under subsection (a) in order to allow a
    comparison across agencies.
      "(c) Availability of Results. - The results of the agency surveys
    under subsection (a) shall be made available to the public and
    posted on the website of the agency involved, unless the head of
    such agency determines that doing so would jeopardize or negatively
    impact national security.
      "(d) Agency defined. - For purposes of this section, the term
    'agency' means an Executive agency (as defined by section 105 of
    title 5, United States Code)."

-EXEC-
                         EXECUTIVE ORDER NO. 10988                     
      Ex. Ord. No. 10988, Jan. 17, 1962, 27 F.R. 551, which related to
    employee-management cooperation in the Federal service, was revoked
    by Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, set out below.

       EX. ORD. NO. 11491. LABOR-MANAGEMENT RELATIONS IN THE FEDERAL
                                  SERVICE
      Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, as amended by
    Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R. 17319; Ex. Ord. No.
    11636, Dec. 17, 1971, 36 F.R. 24901; Ex. Ord. No. 11838, Feb. 6,
    1975, 40 F.R. 5743; Ex. Ord. No. 11901, Jan. 30, 1976, 41 F.R.
    4807; Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No.
    12107, Dec. 28, 1978, 44 F.R. 1055, provided:
      WHEREAS the public interest requires high standards of employee
    performance and the continual development and implementation of
    modern and progressive work practices to facilitate improved
    employee performance and efficiency; and
      WHEREAS the well-being of employees and efficient administration
    of the Government are benefited by providing employees an
    opportunity to participate in the formulation and implementation of
    personnel policies and practices affecting the conditions of their
    employment; and
      WHEREAS the participation of employees should be improved through
    the maintenance of constructive and cooperative relationships
    between labor organizations and management officials; and
      WHEREAS subject to law and the paramount requirements of public
    service, effective labor-management relations within the Federal
    service require a clear statement of the respective rights and
    obligations of labor organizations and agency management:
      NOW, THEREFORE, by virtue of the authority vested in me by the
    Constitution and statutes of the United States, including sections
    3301 and 7301 of title 5 of the United States Code and as President
    of the United States, I hereby direct that the following policies
    shall govern officers and agencies of the executive branch of the
    Government in all dealings with Federal employees and organizations
    representing such employees.

                            GENERAL PROVISIONS                        
      Section 1. Policy. (a) Each employee of the executive branch of
    the Federal Government has the right, freely and without fear of
    penalty or reprisal, to form, join, and assist a labor organization
    or to refrain from any such activity, and each employee shall be
    protected in the exercise of this right. Except as otherwise
    expressly provided in this Order, the right to assist a labor
    organization extends to participation in the management of the
    organization and acting for the organization in the capacity of an
    organization representative, including presentation of its views to
    officials of the executive branch, the Congress, or other
    appropriate authority. The head of each agency shall take the
    action required to assure that employees in the agency are apprised
    of their rights under this section and that no interference,
    restraint, coercion, or discrimination is practiced within his
    agency to encourage or discourage membership in a labor
    organization.
      (b) Paragraph (a) of this section does not authorize
    participation in the management of a labor organization or acting
    as a representative of such an organization by a supervisor, except
    as provided in section 24 of this Order, or by an employee when the
    participation or activity would result in a conflict or apparent
    conflict of interest or otherwise be incompatible with law or with
    the official duties of the employee.
      Sec. 2. Definitions. When used in this Order, the term - 
      (a) "Agency" means an executive department, a Government
    corporation, and an independent establishment as defined in section
    104 of title 5, United States Code, except the General Accounting
    Office [now Government Accountability Office];
      (b) "Employee" means an employee of an agency and an employee of
    a nonappropriated fund instrumentality of the United States but
    does not include, for the purpose of exclusive recognition or
    national consultation rights, a supervisor, except as provided in
    section 24 of this Order;
      (c) "Supervisor" means an employee having authority, in the
    interest of an agency, to hire, transfer, suspend, lay off, recall,
    promote, discharge, assign, reward, or discipline other employees,
    or responsibly to direct them, or to adjust their grievances, or
    effectively to recommend such action, if in connection with the
    foregoing the exercise of authority is not of a merely routine or
    clerical nature, but requires the use of independent judgment;
      (d) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
      (e) "Labor organization" means a lawful organization of any kind
    in which employees participate and which exists for the purpose, in
    whole or in part, of dealing with agencies concerning grievances,
    personnel policies and practices, or other matters affecting the
    working conditions of their employees; but does not include an
    organization which - 
      (1) consists of management officials or supervisors, except as
    provided in section 24 of this Order;
      (2) assists or participates in a strike against the Government of
    the United States or any agency thereof, or imposes a duty or
    obligation to conduct, assist, or participate in such a strike;
      (3) advocates the overthrow of the constitutional form of
    government in the United States; or
      (4) discriminates with regard to the terms or conditions of
    membership because of race, color, creed, sex, age, or national
    origin;
      (f) "Agency management" means the agency head and all management
    officials, supervisors, and other representatives of management
    having authority to act for the agency on any matters relating to
    the implementation of the agency labor-management relations program
    established under this Order;
      (g) "Authority" means the Federal Labor Relations Authority;
      (h) "Panel" means the Federal Service Impasses Panel;
      (i) "Assistant Secretary" means the Assistant Secretary of Labor
    for Labor Management Relations; and
      (j) "General Counsel" means the General Counsel of the Authority.
      Sec. 3. Application. (a) This Order applies to all employees and
    agencies in the executive branch, except as provided in paragraphs
    (b), (c) and (d) of this section.
      (b) This Order (except section 22) does not apply to - 
      (1) the Federal Bureau of Investigation;
      (2) the Central Intelligence Agency;
      (3) any other agency, or office, bureau, or entity within an
    agency, which has as a primary function intelligence,
    investigative, or security work, when the head of the agency
    determines, in his sole judgment, that the Order cannot be applied
    in a manner consistent with national security requirements and
    considerations; or
      (4) any office, bureau or entity, within an agency which has as a
    primary function investigation or audit of the conduct or work of
    officials or employees of the agency for the purpose of ensuring
    honesty and integrity in the discharge of their official duties,
    when the head of the agency determines, in his sole judgment, that
    the Order cannot be applied in a manner consistent with the
    internal security of the agency.
      (5) The Foreign Service of the United States: Department of
    State, United States Information Agency and Agency for
    International Development and its successor agency or agencies.
      (6) The Tennessee Valley Authority; or
      (7) Personnel of the Federal Labor Relations Authority (including
    the Office of the General Counsel and the Federal Service Impasses
    Panel).
      (c) The head of an agency may, in his sole judgment, suspend any
    provision of this Order (except section 22) with respect to any
    agency installation or activity located outside the United States,
    when he determines that this is necessary in the national interest,
    subject to the conditions he prescribes.
      (d) Employees engaged in administering a labor-management
    relations law or this Order who are otherwise authorized by this
    Order to be represented by a labor organization shall not be
    represented by a labor organization which also represents other
    groups of employees under the law or this Order, or which is
    affiliated directly or indirectly with an organization which
    represents such a group of employees.

                              ADMINISTRATION                          
      Sec. 4. Powers and Duties of the Federal Labor Relations
    Authority.
      (a) [Revoked].
      (b) The Authority shall administer and interpret this Order,
    decide major policy issues, and prescribe regulations.
      (c) The Authority shall, subject to its regulations:
      (1) decide questions as to the appropriate unit for the purpose
    of exclusive recognition and related issues submitted for its
    considerations;
      (2) supervise elections to determine whether a labor organization
    is the choice of a majority of the employees in an appropriate unit
    as their exclusive representative, and certify the results;
      (3) decide questions as to the eligibility of labor organizations
    for national consultation rights;
      (4) decide unfair labor practice complaints; and
      (5) decide questions as to whether a grievance is subject to a
    negotiated grievance procedure or subject to arbitration under an
    agreement as provided in Section 13(d) of this Order.
      (d) The Authority may consider, subject to its regulations:
      (1) appeals on negotiability issues as provided in Section 11(c)
    of this Order;
      (2) exceptions to arbitration awards;
      (3) appeals from decisions of the Assistant Secretary of Labor
    for Labor-Management Relations issued pursuant to Section 6(b) of
    this Order; and
      (4) other matters it deems appropriate to assure the effectuation
    of the purposes of this Order.
      (e) In any matters arising under subsection (c) and (d)(3) of
    this Section, the Authority may require an agency or a labor
    organization to cease and desist from violations of this Order and
    require it to take such affirmative action as the Authority
    considers appropriate to effectuate the policies of this Order.
      (f) In performing the duties imposed on it by this Section, the
    Authority may request and use the services and assistance of
    employees of other agencies in accordance with Section 1 of the Act
    of March 4, 1915 (38 Stat. 1084, as amended; 31 U.S.C. 686) [31
    U.S.C. 1535].
      Sec. 5. Powers and Duties of the Federal Service Impasses Panel.
    (a) There is hereby established the Federal Service Impasses Panel
    as a distinct organizational entity within the Authority. The Panel
    consists of at least three members appointed by the President, one
    of whom he designates as chairman. The Authority shall provide the
    services and staff assistance needed by the Panel.
      (b) The Panel may consider negotiation impasses as provided in
    section 17 of this Order and may take any action it considers
    necessary to settle an impasse.
      (c) The Panel shall prescribe regulations needed to administer
    its function under this Order.
      Sec. 6. Powers and Duties of the Office of the General Counsel
    and the Assistant Secretary of Labor for Labor-Management
    Relations.
      (a) The General Counsel is authorized, upon direction by the
    Authority, to:
      (1) investigate complaints of violations of Section 19 of this
    Order;
      (2) make final decisions as to whether to issue unfair labor
    practice complaints and prosecute such complaints before the
    Authority;
      (3) direct and supervise all employees in the Office of General
    Counsel, including employees of the General Counsel in the regional
    office of the Authority;
      (4) perform such other duties as the Authority may prescribe; and
      (5) prescribe regulations needed to administer his functions
    under this Order.
      (b) The Assistant Secretary shall:
      (1) decide alleged violations of the standards of conduct for
    labor organizations, established in Section 18 of this Order; and
      (2) prescribe regulations needed to administer his functions
    under this Order.
      (c) In any matter arising under paragraph (b) of this Section,
    the Assistant Secretary may require a labor organization to cease
    and desist from violations of this Order and require it to take
    such affirmative action as he considers appropriate to effectuate
    the policies of this Order.
      (d) In performing the duties imposed on them by this Section, the
    General Counsel and the Assistant Secretary may request and use the
    services and assistance of employees of other agencies in
    accordance with Section 1 of the Act of March 4, 1915 (38 Stat.
    1084, as amended; 31 U.S.C. 686) [31 U.S.C. 1535].

                                RECOGNITION                            
      Sec. 7. Recognition in general. (a) An agency shall accord
    exclusive recognition or national consultation rights at the
    request of a labor organization which meets the requirements for
    the recognition or consultation rights under this Order.
      (b) A labor organization seeking recognition shall submit to the
    agency a roster of its officers and representatives, a copy of its
    constitution and by-laws, and a statement of its objectives.
      (c) When recognition of a labor organization has been accorded,
    the recognition continues as long as the organization continues to
    meet the requirements of this Order applicable to that recognition,
    except that this section does not require an election to determine
    whether an organization should become, or continue to be recognized
    as, exclusive representative of the employees in any unit or
    subdivision thereof within 12 months after a prior valid election
    with respect to such unit.
      (d) Recognition of a labor organization does not - 
      (1) preclude an employee, regardless of whether he is in a unit
    of exclusive recognition, from exercising grievance or appellate
    rights established by law or regulation, or from choosing his own
    representative in a grievance or appellate action, except when the
    grievance is covered under a negotiated procedure as provided in
    section 13;
      (2) preclude or restrict consultations and dealings between an
    agency and a veterans organization with respect to matters of
    particular interest to employees with veterans preference; or
      (3) preclude an agency from consulting or dealing with a
    religious, social, fraternal, professional or other lawful
    association, not qualified as a labor organization, with respect to
    matters or policies which involve individual members of the
    association or are of particular applicability to it or its
    members. Consultations and dealings under subparagraph (3) of this
    paragraph shall be so limited that they do not assume the character
    of formal consultation on matters of general employee-management
    policy covering employees in that unit or extend to areas where
    recognition of the interests of one employee group may result in
    discrimination against or injury to the interests of other
    employees.
      (e) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
      (f) Informal recognition or formal recognition shall not be
    accorded.
      Sec. 8. [Revoked by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R.
    17319.]
      Sec. 9. National consultation rights. (a) An agency shall accord
    national consultation rights to a labor organization which
    qualifies under criteria established by the Federal Labor Relations
    Authority as the representative of a substantial number of
    employees of the agency. National consultation rights shall not be
    accorded for any unit where a labor organization already holds
    exclusive recognition at the national level for that unit. The
    granting of national consultation rights does not preclude an
    agency from appropriate dealings at the national level with other
    organizations on matters affecting their members. An agency shall
    terminate national consultation rights when the labor organization
    ceases to qualify under the established criteria.
      (b) When a labor organization has been accorded national
    consultation rights, the agency, through appropriate officials,
    shall notify representatives of the organization of proposed
    substantive changes in personnel policies that affect employees it
    represents and provide an opportunity for the organization to
    comment on the proposed changes. The labor organization may suggest
    changes in the agency's personnel policies and have its views
    carefully considered. It may consult in person at reasonable times,
    on request, with appropriate officials on personnel policy matters,
    and at all times present its views thereon in writing. An agency is
    not required to consult with a labor organization on any matter on
    which it would not be required to meet and confer if the
    organization were entitled to exclusive recognition.
      (c) Questions as to the eligibility of labor organizations for
    national consultation rights may be referred to the Authority for
    decision.
      Sec. 10. Exclusive recognition. (a) An agency shall accord
    exclusive recognition to a labor organization when the organization
    has been selected, in a secret ballot election, by a majority of
    the employees in an appropriate unit as their representative;
    provided that this section shall not preclude an agency from
    according exclusive recognition to a labor organization, without an
    election, where the appropriate unit is established through the
    consolidation of existing exclusively recognized units represented
    by that organization.
      (b) A unit may be established on a plant or installation, craft,
    functional, or other basis which will ensure a clear and
    identifiable community of interest among the employees concerned
    and will promote effective dealings and efficiency of agency
    operations. A unit shall not be established solely on the basis of
    the extent to which employees in the proposed unit have organized,
    nor shall a unit be established if it includes - 
      (1) any management official or supervisor, except as provided in
    section 24;
      (2) an employee engaged in Federal personnel work in other than a
    purely clerical capacity; or
      (3) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
      (4) both professional and nonprofessional employees, unless a
    majority of the professional employees vote for inclusion in the
    unit. Questions as to the appropriate unit and related issues may
    be referred to the Authority for decision.
      (c) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
      (d) All elections shall be conducted under the supervision of the
    Authority, or persons designated by it, and shall be by secret
    ballot. Each employee eligible to vote shall be provided the
    opportunity to choose the labor organization he wishes to represent
    him, from among those on the ballot, or "no union", except as
    provided in subparagraph (4) of this paragraph. Elections may be
    held to determine whether - 
      (1) a labor organization should be recognized as the exclusive
    representative of employees in a unit;
      (2) a labor organization should replace another labor
    organization as the exclusive representative;
      (3) a labor organization should cease to be the exclusive
    representative; or
      (4) a labor organization should be recognized as the exclusive
    representative of employees in a unit composed of employees in
    units currently represented by that labor organization or continue
    to be recognized in the existing separate units.
      (e) When a labor organization has been accorded exclusive
    recognition, it is the exclusive representative of employees in the
    unit and is entitled to act for and to negotiate agreements
    covering all employees in the unit. It is responsible for
    representing the interests of all employees in the unit without
    discrimination and without regard to labor organization membership.
    The labor organization shall be given the opportunity to be
    represented at formal discussions between management and employees
    or employee representatives concerning grievances, personnel
    policies and practices, or other matters affecting general working
    conditions of employees in the unit.

                                AGREEMENTS                            
      Sec. 11. Negotiation of agreements. (a) An agency and a labor
    organization that has been accorded exclusive recognition, through
    appropriate representatives, shall meet at reasonable times and
    confer in good faith with respect to personnel policies and
    practices and matters affecting working conditions, so far as may
    be appropriate under applicable laws and regulations, including
    policies set forth in the Federal Personnel Manual; published
    agency policies and regulations for which a compelling need exists
    under criteria established by the Federal Labor Relations Authority
    and which are issued at the agency headquarters level or at the
    level of a primary national subdivision; a national or other
    controlling agreement at a higher level in the agency; and this
    order. They may negotiate an agreement, or any question arising
    thereunder; determine appropriate techniques, consistent with
    section 17 of this order, to assist in such negotiation; and
    execute a written agreement or memorandum of understanding.
      (b) In prescribing regulations relating to personnel policies and
    practices and working conditions, an agency shall have due regard
    for the obligation imposed by paragraph (a) of this section.
    However, the obligation to meet and confer does not include matters
    with respect to the mission of an agency; its budget; its
    organization; the number of employees; and the numbers, types, and
    grades of positions or employees assigned to an organizational
    unit, work project or tour of duty; the technology of performing
    its work; or its internal security practices. This does not
    preclude the parties from negotiating agreements providing
    appropriate arrangements for employees adversely affected by the
    impact of realignment of work forces or technological change.
      (c) If, in connection with negotiations, an issue develops as to
    whether a proposal is contrary to law, regulation, controlling
    agreement, or this order and therefore not negotiable, it shall be
    resolved as follows:
      (1) An issue which involves interpretation of a controlling
    agreement at a higher agency level is resolved under the procedures
    of the controlling agreement, or, if none, under agency
    regulations;
      (2) An issue other than as described in subparagraph (1) of this
    paragraph which arises at a local level may be referred by either
    party to the head of the agency for determination;
      (3) An agency head's determination as to the interpretation of
    the agency's regulations with respect to a proposal is final;
      (4) A labor organization may appeal to the Authority for a
    decision when - 
      (i) it disagrees with an agency head's determination that a
    proposal would violate applicable law, regulation of appropriate
    authority outside the agency, or this order, or
      (ii) it believes that an agency's regulations, as interpreted by
    the agency head, violate applicable law, regulation of appropriate
    authority outside the agency, or this order, or are not otherwise
    applicable to bar negotiations under paragraph (a) of this section.
      (d) [Revoked by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055.]
      Sec. 12. Basic provisions of agreements. Each agreement between
    an agency and a labor organization is subject to the following
    requirements - 
      (a) in the administration of all matters covered by the
    agreement, officials and employees are governed by existing or
    future laws and the regulations of appropriate authorities,
    including policies set forth in the Federal Personnel Manual; by
    published agency policies and regulations in existence at the time
    the agreement was approved; and by subsequently published agency
    policies and regulations required by law or by the regulations of
    appropriate authorities, or authorized by the terms of a
    controlling agreement at a higher agency level;
      (b) management officials of the agency retain the right, in
    accordance with applicable laws and regulations - 
      (1) to direct employees of the agency;
      (2) to hire, promote, transfer, assign, and retain employees in
    positions within the agency, and to suspend, demote, discharge, or
    take other disciplinary action against employees;
      (3) to relieve employees from duties because of lack of work or
    for other legitimate reasons;
      (4) to maintain the efficiency of the Government operations
    entrusted to them;
      (5) to determine the methods, means, and personnel by which such
    operations are to be conducted; and
      (6) to take whatever actions may be necessary to carry out the
    mission of the agency in situations of emergency; and
      (c) nothing in the agreement shall require an employee to become
    or to remain a member of a labor organization, or to pay money to
    the organization except pursuant to a voluntary written
    authorization by a member for the payment of dues through payroll
    deductions. The requirements of this section shall be expressly
    stated in the initial or basic agreement and apply to all
    supplemental, implementing, subsidiary, or informal agreements
    between the agency and the organization.
      Sec. 13. Grievance and arbitration procedures. (a) An agreement
    between an agency and a labor organization shall provide a
    procedure, applicable only to the unit, for the consideration of
    grievances. The coverage and scope of the procedure shall be
    negotiated by the parties to the agreement with the exception that
    it may not cover matters for which a statutory appeal procedure
    exists and so long as it does not otherwise conflict with statute
    or this order. It shall be the exclusive procedure available to the
    parties and the employees in the unit for resolving grievances
    which fall within its coverage. However, any employee or group of
    employees in the unit may present such grievances to the agency and
    have them adjusted, without the intervention of the exclusive
    representative, as long as the adjustment is not inconsistent with
    the terms of the agreement and the exclusive representative has
    been given opportunity to be present at the adjustment.
      (b) A negotiated procedure may provide for arbitration of
    grievances. Arbitration may be invoked only by the agency or the
    exclusive representative. Either party may file exceptions to an
    arbitrator's award with the Authority, under regulations prescribed
    by the Authority.
      (c) [Revoked.]
      (d) Questions that cannot be resolved by the parties as to
    whether or not a grievance is on a matter for which a statutory
    appeal procedure exists, shall be referred to the Authority for
    decision. Other questions as to whether or not a grievance is on a
    matter subject to the grievance procedure in an existing agreement,
    or is subject to arbitration under that agreement, may by agreement
    of the parties be submitted to arbitration or may be referred to
    the Authority for decision.
      (e) [Revoked.]
      Sec. 14. [Revoked by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R.
    17319.]
      Sec. 15. Approval of agreements. An agreement with a labor
    organization as the exclusive representative of employees in a unit
    is subject to the approval of the head of the agency or an official
    designated by him. An agreement shall be approved within forty-five
    days from the date of its execution if it conforms to applicable
    laws, the order, existing published agency policies and regulations
    (unless the agency has granted an exception to a policy or
    regulation) and regulations of other appropriate authorities. An
    agreement which has not been approved or disapproved within forty-
    five days from the date of its execution shall go into effect
    without the required approval of the agency head and shall be
    binding on the parties subject to the provisions of law, the order
    and the regulations of appropriate authorities outside the agency.
    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 agency
    regulations.

                     NEGOTIATION DISPUTES AND IMPASSES                 
      Sec. 16. Negotiation disputes. The Federal Mediation and
    Conciliation Service shall provide services and assistance to
    Federal agencies and labor organizations in the resolution of
    negotiation disputes. The Service shall determine under what
    circumstances and in what manner it shall proffer its services.
      Sec. 17. Negotiation impasses. When voluntary arrangements,
    including the services of the Federal Mediation and Conciliation
    Service or other third-party mediation, fail to resolve a
    negotiation impasse, either party may request the Federal Service
    Impasses Panel to consider the matter. The Panel, in its discretion
    and under the regulations it prescribes, may consider the matter
    and may recommend procedures to the parties for the resolution of
    the impasse or may settle the impasse by appropriate action.
    Arbitration or third-party fact finding with recommendations to
    assist in the resolution of an impasse may be used by the parties
    only when authorized or directed by the Panel.

               CONDUCT OF LABOR ORGANIZATIONS AND MANAGEMENT           
      Sec. 18. Standards of conduct for labor organizations.
      (a) An agency shall accord recognition only to a labor
    organization that is free from corrupt influences and influences
    opposed to basic democratic principles. Except as provided in
    paragraph (b) of this section, an organization is not required to
    prove that it has the required freedom when it is subject to
    governing requirements adopted by the organization or by a national
    or international labor organization or federation of labor
    organizations with which it is affiliated or in which it
    participates, containing explicit and detailed provisions to which
    it subscribes calling for - 
      (1) the maintenance of democratic procedures and practices,
    including provisions for periodic elections to be conducted subject
    to recognized safeguards and provisions defining and securing the
    right of individual members to participation in the affairs of the
    organization, to fair and equal treatment under the governing rules
    of the organization, and to fair process in disciplinary
    proceedings;
      (2) the exclusion from office in the organization of persons
    affiliated with Communist or other totalitarian movements and
    persons identified with corrupt influences;
      (3) the prohibition of business or financial interests on the
    part of organization officers and agents which conflict with their
    duty to the organization and its members; and
      (4) the maintenance of fiscal integrity in the conduct of the
    affairs of the organization, including provision for accounting and
    financial controls and regular financial reports or summaries to be
    made available to members.
      (b) Notwithstanding the fact that a labor organization has
    adopted or subscribed to standards of conduct as provided in
    paragraph (a) of this section, the organization is required to
    furnish evidence of its freedom from corrupt influences or
    influences opposed to basic democratic principles when there is
    reasonable cause to believe that - 
      (1) the organization has been suspended or expelled from or is
    subject to other sanction by a parent labor organization or
    federation of organizations with which it had been affiliated
    because it has demonstrated an unwillingness or inability to comply
    with governing requirements comparable in purpose to those required
    by paragraph (a) of this section; or
      (2) the organization is in fact subject to influences that would
    preclude recognition under this Order.
      (c) A labor organization which has or seeks recognition as a
    representative of employees under this Order shall file financial
    and other reports, provide for bonding of officials and employees
    of the organization, and comply with trusteeship and election
    standards.
      (d) The Assistant Secretary shall prescribe the regulations
    needed to effectuate this section. These regulations shall conform
    generally to the principles applied to unions in the private
    sector. Complaints of violations of this section shall be filed
    with the Assistant Secretary.
      Sec. 19. Unfair labor practices. (a) Agency management shall not -
     
      (1) interfere with, restrain, or coerce an employee in the
    exercise of the rights assured by this Order;
      (2) encourage or discourage membership in a labor organization by
    discrimination in regard to hiring, tenure, promotion, or other
    conditions of employment;
      (3) sponsor, control, or otherwise assist a labor organization,
    except that an agency may furnish customary and routine services
    and facilities under section 23 of this Order when consistent with
    the best interests of the agency, its employees, and the
    organization, and when the services and facilities are furnished,
    if requested, on an impartial basis to organizations having
    equivalent status;
      (4) discipline or otherwise discriminate against an employee
    because he has filed a complaint or given testimony under this
    Order;
      (5) refuse to accord appropriate recognition to a labor
    organization qualified for such recognition; or
      (6) refuse to consult, confer, or negotiate with a labor
    organization as required by this Order.
      (b) A labor organization shall not - 
      (1) interfere with, restrain, or coerce an employee in the
    exercise of his rights assured by this Order;
      (2) attempt to induce agency management to coerce an employee in
    the exercise of his rights under this Order;
      (3) coerce, attempt to coerce, or discipline, fine, or take other
    economic sanction against a member of the organization as
    punishment or reprisal for, or for the purpose of hindering or
    impeding his work performance, his productivity, or the discharge
    of his duties owed as an officer or employee of the United States;
      (4) call or engage in a strike, work stoppage, or slowdown;
    picket an agency in a labor-management dispute; or condone any such
    activity by failing to take affirmative action to prevent or stop
    it;
      (5) discriminate against an employee with regard to the terms or
    conditions of membership because of race, color, creed, sex, age,
    or national origin; or
      (6) refuse to consult, confer, or negotiate with an agency as
    required by this Order.
      (c) A labor organization which is accorded exclusive recognition
    shall not deny membership to any employee in the appropriate unit
    except for failure to meet reasonable occupational standards
    uniformly required for admission, or for failure to tender
    initiation fees and dues uniformly required as a condition of
    acquiring and retaining membership. This paragraph does not
    preclude a labor organization from enforcing discipline in
    accordance with procedures under its constitution or by-laws which
    conform to the requirements of this Order.
      (d) Issues which can properly be raised under an appeals
    procedure may not be raised under this section. Issues which can be
    raised under a grievance procedure may, in the discretion of the
    aggrieved party, be raised under that procedure or the complaint
    procedure under this section, but not under both procedures.
    Appeals or grievance decisions shall not be construed as unfair
    labor practice decisions under this Order nor as precedent for such
    decisions. All complaints under this section that cannot be
    resolved by the parties shall be filed with the Authority.

                         MISCELLANEOUS PROVISIONS                     
      Sec. 20. Use of official time. Solicitation of membership or
    dues, and other internal business of a labor organization, shall be
    conducted during the non-duty hours of the employees concerned.
    Employees who represent a recognized labor organization shall not
    be on official time when negotiating an agreement with agency
    management, except to the extent that the negotiating parties agree
    to other arrangements which may provide that the agency will either
    authorize official time for up to 40 hours or authorize up to one-
    half the time spent in negotiations during regular working hours,
    for a reasonable number of employees, which number normally shall
    not exceed the number of management representatives.
       Sec. 21. Allotment of dues. (a) When a labor organization holds
    formal or exclusive recognition, and the agency and the
    organization agree in writing to this course of action, an agency
    may deduct the regular and periodic dues of the organization from
    the pay of members of the organization in the unit of recognition
    who make a voluntary allotment for that purpose, and shall recover
    the costs of making the deductions. Such an allotment is subject to
    the regulations of the Office of Personnel Management, which shall
    include provision for the employee to revoke his authorization at
    stated six-month intervals. Such an allotment terminates when - 
      (1) the dues withholding agreement between the agency and the
    labor organization is terminated or ceases to be applicable to the
    employee; or
      (2) the employee has been suspended or expelled from the labor
    organization.
      (b) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
      Sec. 22. Adverse action appeals. The head of each agency, in
    accordance with the provisions of this Order and regulations
    prescribed by the Office of Personnel Management, shall extend to
    all employees in the competitive civil service rights identical in
    adverse action cases to those provided preference eligibles under
    sections 7511-7512 of title 5 of the United States Code. Each
    employee in the competitive service shall have the right to appeal
    to the Merit Systems Protection Board from an adverse decision of
    the administrative officer so acting, such appeal to be processed
    in an identical manner to that provided for appeals under section
    7701 of title 5 of the United States Code. Any recommendation by
    the Merit Systems Protection Board submitted to the head of an
    agency on the basis of an appeal by an employee in the competitive
    service shall be complied with by the head of the agency.
       Sec. 23. Agency implementation. No later than April 1, 1970,
    each agency shall issue appropriate policies and regulations
    consistent with this Order for its implementation. This includes
    but is not limited to a clear statement of the rights of its
    employees under this Order; procedures with respect to recognition
    of labor organizations, determination of appropriate units,
    consultation and negotiation with labor organizations, approval of
    agreements, mediation, and impasse resolution; policies with
    respect to the use of agency facilities by labor organizations; and
    policies and practices regarding consultation with other
    organizations and associations and individual employees. Insofar as
    practicable, agencies shall consult with representatives of labor
    organizations in the formulation of these policies and regulations.
      Sec. 24. Savings clauses. (a) This Order does not preclude - 
      (1) the renewal or continuation of a lawful agreement between an
    agency and a representative of its employees entered into before
    the effective date of Executive Order No. 10988 (January 17, 1962);
    or
      (2) the renewal, continuation, or initial according of
    recognition for units of management officials or supervisors
    represented by labor organizations which historically or
    traditionally represent the management officials or supervisors in
    private industry and which hold exclusive recognition for units of
    such officials or supervisors in any agency on the date of this
    Order.
      (b) All grants of informal recognition under Executive Order No.
    10988 terminate on July 1, 1970.
      (c) All grants of formal recognition under Executive Order No.
    10988 terminate under regulations which the Federal Labor Relations
    Council shall issue before October 1, 1970.
      (d) By not later than December 31, 1970, all supervisors shall be
    excluded from units of formal and exclusive recognition and from
    coverage by negotiated agreements, except as provided in paragraph
    (a) of this section.
      Sec. 25. Guidance, training, review and information. (a) The
    Office of Personnel Management, in conjunction with the Director of
    the Office of Management and Budget, shall establish and maintain a
    program for the policy guidance of agencies on labor-management
    relations in the Federal service and shall periodically review the
    implementation of these policies. The Office of Personnel
    Management shall be responsible for the day-to-day policy guidance
    under that program. The Office of Personnel Management also shall
    continuously review the operation of the Federal labor-management
    relations program to assist in assuring adherence to its provisions
    and merit system requirements; implement technical advice and
    information programs for the agencies; assist in the development of
    programs for training agency personnel and management officials in
    labor-management relations; and, from time to time, report to the
    Authority on the state of the program with any recommendations for
    its improvement.
      (b) The Office of Personnel Management shall develop programs for
    the collection and dissemination of information appropriate to the
    needs of agencies, organizations and the public.
      Sec. 26. Effective date. This Order is effective on January 1,
    1970, except sections 7(f) and 8 which are effective immediately.
    Effective January 1, 1970, Executive Order No. 10988 and the
    President's Memorandum of May 21, 1963, entitled Standards of
    Conduct for Employee Organizations and Code of Fair Labor
    Practices, are revoked.
      [For abolition of United States Information Agency (other than
    Broadcasting Board of Governors and International Broadcasting
    Bureau), transfer of functions, and treatment of references
    thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign
    Relations and Intercourse.]

                         EXECUTIVE ORDER NO. 12871                     
      Ex. Ord. No. 12871, Oct. 1, 1993, 58 F.R. 52201, as amended by
    Ex. Ord. No. 12983, Dec. 21, 1995, 60 F.R. 66855; Ex. Ord. No.
    13156, Sec. 1, May 17, 2000, 65 F.R. 31785, which established the
    National Partnership Council and required the head of certain
    Government agencies to implement labor-management partnerships to
    help reform Government, was revoked by Ex. Ord. No. 13203, Feb. 17,
    2001, 66 F.R. 11227.

-End-

-CITE-
    5 USC Sec. 7102                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 7102. Employees' rights

-STATUTE-
      Each employee shall have the right to form, join, or assist any
    labor organization, or to refrain from any such activity, freely
    and without fear of penalty or reprisal, and each employee shall be
    protected in the exercise of such right. Except as otherwise
    provided under this chapter, such right includes the right - 
        (1) to act for a labor organization in the capacity of a
      representative and the right, in that capacity, to present the
      views of the labor organization to heads of agencies and other
      officials of the executive branch of the Government, the
      Congress, or other appropriate authorities, and
        (2) to engage in collective bargaining with respect to
      conditions of employment through representatives chosen by
      employees under this chapter.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1192.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7102, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.
    523, related to right of employees to petition Congress, prior to
    the general amendment of this chapter by Pub. L. 95-454. See
    section 7211 of this title.

     PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS 
      Par. (2) 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, including any minutes or understandings thereto, between
    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.

-End-

-CITE-
    5 USC Sec. 7103                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 7103. Definitions; application

-STATUTE-
      (a) For the purpose of this chapter - 
        (1) "person" means an individual, labor organization, or
      agency;
        (2) "employee" means an individual - 
          (A) employed in an agency; or
          (B) whose employment in an agency has ceased because of any
        unfair labor practice under section 7116 of this title and who
        has not obtained any other regular and substantially equivalent
        employment, as determined under regulations prescribed by the
        Federal Labor Relations Authority;

      but does not include - 
          (i) an alien or noncitizen of the United States who occupies
        a position outside the United States;
          (ii) a member of the uniformed services;
          (iii) a supervisor or a management official;
          (iv) an officer or employee in the Foreign Service of the
        United States employed in the Department of State, the
        International Communication Agency, the Agency for
        International Development, the Department of Agriculture, or
        the Department of Commerce; or
          (v) any person who participates in a strike in violation of
        section 7311 of this title;

        (3) "agency" means an Executive agency (including a
      nonappropriated fund instrumentality described in section 2105(c)
      of this title and the Veterans' Canteen Service, Department of
      Veterans Affairs), the Library of Congress, the Government
      Printing Office, and the Smithsonian Institution (!1) but does
      not include - 

          (A) the Government Accountability Office;
          (B) the Federal Bureau of Investigation;
          (C) the Central Intelligence Agency;
          (D) the National Security Agency;
          (E) the Tennessee Valley Authority;
          (F) the Federal Labor Relations Authority;
          (G) the Federal Service Impasses Panel; or
          (H) the United States Secret Service and the United States
        Secret Service Uniformed Division.

        (4) "labor organization" means an organization composed in
      whole or in part of employees, in which employees participate and
      pay dues, and which has as a purpose the dealing with an agency
      concerning grievances and conditions of employment, but does not
      include - 
          (A) an organization which, by its constitution, bylaws, tacit
        agreement among its members, or otherwise, denies membership
        because of race, color, creed, national origin, sex, age,
        preferential or nonpreferential civil service status, political
        affiliation, marital status, or handicapping condition;
          (B) an organization which advocates the overthrow of the
        constitutional form of government of the United States;
          (C) an organization sponsored by an agency; or
          (D) an organization which participates in the conduct of a
        strike against the Government or any agency thereof or imposes
        a duty or obligation to conduct, assist, or participate in such
        a strike;

        (5) "dues" means dues, fees, and assessments;
        (6) "Authority" means the Federal Labor Relations Authority
      described in section 7104(a) of this title;
        (7) "Panel" means the Federal Service Impasses Panel described
      in section 7119(c) of this title;
        (8) "collective bargaining agreement" means an agreement
      entered into as a result of collective bargaining pursuant to the
      provisions of this chapter;
        (9) "grievance" means any complaint - 
          (A) by any employee concerning any matter relating to the
        employment of the employee;
          (B) by any labor organization concerning any matter relating
        to the employment of any employee; or
          (C) by any employee labor organization, or agency concerning -
         
            (i) the effect or interpretation, or a claim of breach, of
          a collective bargaining agreement; or
            (ii) any claimed violation, misinterpretation, or
          misapplication of any law, rule, or regulation affecting
          conditions of employment;

        (10) "supervisor" means an individual employed by an agency
      having authority in the interest of the agency to hire, direct,
      assign, promote, reward, transfer, furlough, layoff, recall,
      suspend, discipline, or remove employees, to adjust their
      grievances, or to effectively recommend such action, if the
      exercise of the authority is not merely routine or clerical in
      nature but requires the consistent exercise of independent
      judgment, except that, with respect to any unit which includes
      firefighters or nurses, the term "supervisor" includes only those
      individuals who devote a preponderance of their employment time
      to exercising such authority;
        (11) "management official" means an individual employed by an
      agency in a position the duties and responsibilities of which
      require or authorize the individual to formulate, determine, or
      influence the policies of the agency;
        (12) "collective bargaining" means the performance of the
      mutual obligation of the representative of an agency and the
      exclusive representative of employees in an appropriate unit in
      the agency to meet at reasonable times and to consult and bargain
      in a good-faith effort to reach agreement with respect to the
      conditions of employment affecting such employees and to execute,
      if requested by either party, a written document incorporating
      any collective bargaining agreement reached, but the obligation
      referred to in this paragraph does not compel either party to
      agree to a proposal or to make a concession;
        (13) "confidential employee" means an employee who acts in a
      confidential capacity with respect to an individual who
      formulates or effectuates management policies in the field of
      labor-management relations;
        (14) "conditions of employment" means personnel policies,
      practices, and matters, whether established by rule, regulation,
      or otherwise, affecting working conditions, except that such term
      does not include policies, practices, and matters - 
          (A) relating to political activities prohibited under
        subchapter III of chapter 73 of this title;
          (B) relating to the classification of any position; or
          (C) to the extent such matters are specifically provided for
        by Federal statute;

        (15) "professional employee" means - 
          (A) an employee engaged in the performance of work - 
            (i) requiring knowledge of an advanced type in a field of
          science or learning customarily acquired by a prolonged
          course of specialized intellectual instruction and study in
          an institution of higher learning or a hospital (as
          distinguished from knowledge acquired by a general academic
          education, or from an apprenticeship, or from training in the
          performance of routine mental, manual, mechanical, or
          physical activities);
            (ii) requiring the consistent exercise of discretion and
          judgment in its performance;
            (iii) which is predominantly intellectual and varied in
          character (as distinguished from routine mental, manual,
          mechanical, or physical work); and
            (iv) which is of such character that the output produced or
          the result accomplished by such work cannot be standardized
          in relation to a given period of time; or

          (B) an employee who has completed the courses of specialized
        intellectual instruction and study described in subparagraph
        (A)(i) of this paragraph and is performing related work under
        appropriate direction or guidance to qualify the employee as a
        professional employee described in subparagraph (A) of this
        paragraph;

        (16) "exclusive representative" means any labor organization
      which - 
          (A) is certified as the exclusive representative of employees
        in an appropriate unit pursuant to section 7111 of this title;
        or
          (B) was recognized by an agency immediately before the
        effective date of this chapter as the exclusive representative
        of employees in an appropriate unit - 
            (i) on the basis of an election, or
            (ii) on any basis other than an election,

        and continues to be so recognized in accordance with the
        provisions of this chapter;

        (17) "firefighter" means any employee engaged in the
      performance of work directly connected with the control and
      extinguishment of fires or the maintenance and use of
      firefighting apparatus and equipment; and
        (18) "United States" means the 50 States, the District of
      Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
      Islands, the Trust Territory of the Pacific Islands, and any
      territory or possession of the United States.

      (b)(1) The President may issue an order excluding any agency or
    subdivision thereof from coverage under this chapter if the
    President determines that - 
        (A) the agency or subdivision has as a primary function
      intelligence, counterintelligence, investigative, or national
      security work, and
        (B) the provisions of this chapter cannot be applied to that
      agency or subdivision in a manner consistent with national
      security requirements and considerations.

      (2) The President may issue an order suspending any provision of
    this chapter with respect to any agency, installation, or activity
    located outside the 50 States and the District of Columbia, if the
    President determines that the suspension is necessary in the
    interest of national security.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1192; amended Pub. L. 96-465, title II, Sec. 2314(g), Oct. 17,
    1980, 94 Stat. 2168; Pub. L. 102-54, Sec. 13(b)(1), June 13, 1991,
    105 Stat. 274; Pub. L. 103-359, title V, Sec. 501(j), Oct. 14,
    1994, 108 Stat. 3430; Pub. L. 104-201, div. A, title XVI, Sec.
    1634(a), Sept. 23, 1996, 110 Stat. 2752; Pub. L. 105-220, title
    III, Sec. 341(e), Aug. 7, 1998, 112 Stat. 1092; Pub. L. 105-277,
    div. G, subdiv. A, title XIV, Sec. 1422(b)(1), Oct. 21, 1998, 112
    Stat. 2681-792; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
    Sec. 139], Dec. 21, 2000, 114 Stat. 2763, 2763A-235; Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(3)(A). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2000 - Subsec. (a)(3)(H). Pub. L. 106-554 added subpar. (H).
      1998 - Subsec. (a)(2)(B)(iv). Pub. L. 105-277 substituted "Agency
    for International Development" for "United States International
    Development Cooperation Agency".
      Subsec. (a)(3). Pub. L. 105-220, in introductory provisions,
    struck out "and" after "Library of Congress," and inserted "and the
    Smithsonian Institution" after "Government Printing Office,".
      1996 - Subsec. (a)(3)(F) to (H). Pub. L. 104-201 inserted "or" at
    end of subpar. (F), substituted a period for "; or" at end of
    subpar. (G), and struck out subpar. (H) which read as follows: "the
    Central Imagery Office;".
      1994 - Subsec. (a)(3)(H). Pub. L. 103-359 added subpar. (H).
      1991 - Subsec. (a)(3). Pub. L. 102-54 substituted "Department of
    Veterans Affairs" for "Veterans' Administration".
      1980 - Subsec. (a)(2)(iv). Pub. L. 96-465 struck out "the Agency
    for International Development, or" after "Department of State," and
    inserted "the United States International Development Cooperation
    Agency, the Department of Agriculture, or the Department of
    Commerce" after "Communication Agency".

-CHANGE-
                              CHANGE OF NAME                          
      International Communication Agency, referred to in subsec.
    (a)(2)(B)(iv), redesignated United States Information Agency and
    Director or any other official of International Communication
    Agency redesignated as Director or other official, as appropriate,
    of United States Information Agency by section 303 of Pub. L. 97-
    241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note
    under section 1461 of Title 22, Foreign Relations and Intercourse.
    United States Information Agency (other than Broadcasting Board of
    Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State by sections 6531 and
    6532 of Title 22.

-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section
    1401 of Pub. L. 105-277, set out as an Effective Date note under
    section 6561 of Title 22, Foreign Relations and Intercourse.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section
    1635 of Pub. L. 104-201, set out as a note under section 1593 of
    Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
    otherwise provided, see section 2403 of Pub. L. 96-465, set out as
    an Effective Date note under section 3901 of Title 22, Foreign
    Relations and Intercourse.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-EXEC-
          EX. ORD. NO. 12171. EXCLUSIONS FROM COVERAGE OF PROGRAM      
      Ex. Ord. No. 12171, Nov. 19, 1979, 44 F.R. 66565, as amended by
    Ex. Ord. No. 12338, Jan. 11, 1982, 47 F.R. 1369; Ex. Ord. No.
    12410, Mar. 28, 1983, 48 F.R. 13143; Ex. Ord. No. 12559, May 20,
    1986, 51 F.R. 18761; Ex. Ord. No. 12632, Mar. 23, 1988, 53 F.R.
    9852; Ex. Ord. No. 12666, Jan. 12, 1989, 54 F.R. 1921; Ex. Ord. No.
    12671, Mar. 14, 1989, 54 F.R. 11157; Ex. Ord. No. 12681, July 6,
    1989, 54 F.R. 28997; Ex. Ord. No. 12693, Sept. 29, 1989, 54 F.R.
    40629; Ex. Ord. No. 13039, Mar. 11, 1997, 62 F.R. 12529; Ex. Ord.
    No. 13252, Jan. 7, 2002, 67 F.R. 1601; Ex. Ord. No. 13381, Sec.
    5(b), June 27, 2005, 70 F.R. 37955, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, including Section
    7103(b) of Title 5 of the United States Code, and in order to
    exempt certain agencies or subdivisions thereof from coverage of
    the Federal Labor-Management Relations Program, it is hereby
    ordered as follows:

-MISC3-
                            1-1. DETERMINATIONS                        
      1-101. The agencies or subdivisions thereof set forth in Section
    1-2 of this Order are hereby determined to have as a primary
    function intelligence, counterintelligence, investigative, or
    national security work. It is also hereby determined that Chapter
    71 of Title 5 of the United States Code cannot be applied to those
    agencies or subdivisions in a manner consistent with national
    security requirements and considerations. The agencies or
    subdivisions thereof set forth in Section 1-2 of this Order are
    hereby excluded from coverage under Chapter 71 of Title 5 of the
    United States Code.
      1-102. Having determined that it is necessary in the interest of
    national security, the provisions of Chapter 71 of Title 5 of the
    United States Code are suspended with respect to any agency,
    installation, or activity listed in Section 1-3 of this Order.
    However, such suspension shall be applicable only to that portion
    of the agency, installation, or activity which is located outside
    the 50 States and the District of Columbia.

                              1-2. EXCLUSIONS                          
      1-201. The Information Security Oversight Office, General
    Services Administration.
      1-202. The Federal Research Division, Research Services, the
    Library of Congress.
      1-203. Agencies or subdivisions of the Department of the
    Treasury:
      (a) The U.S. Secret Service.
      (b) The U.S. Secret Service Uniformed Division.
      (c) The Office of Special Assistant to the Secretary (National
    Security).
      (d) The Office of Intelligence Support (OIS).
      (e) The Office of the Assistant Secretary (Enforcement and
    Operations) (OEO).
      (f) The Office of Criminal Enforcement, Bureau of Alcohol,
    Tobacco, and Firearms.
      (g) The Office of Enforcement (Headquarters and Regional
    Components), U.S. Customs Service.
      (h) The Criminal Investigation Division, Internal Revenue
    Service.
      1-204. Agencies or subdivisions of the Department of the Army,
    Department of Defense:
      (a) Office of Assistant Chief of Staff for Intelligence.
      (b) U.S. Army Intelligence and Security Command.
      (c) U.S. Army Foreign Science and Technology Center.
      (d) U.S. Army Intelligence Center and School.
      (e) U.S. Army Missile Intelligence Agency.
      (f) Foreign Intelligence Office, U.S. Army Missile Research and
    Development Command.
      1-205. Agencies or subdivisions of the Department of the Navy,
    Department of Defense:
      (a) Office of Naval Intelligence.
      (b) Naval Intelligence Command Headquarters and Subordinate
    Commands.
      (c) Headquarters, Naval Security Group Command.
      (d) Naval Security Group Activities and Detachments.
      (e) Fleet Intelligence Center, Europe and Atlantic (FICEURLANT).
      (f) Fleet Intelligence Center, Pacific (FICPAC).
      (g) Units composed primarily of employees engaged in the
    operation, repair, and/or maintenance of "off line" or "on line"
    cryptographic equipment.
      (h) Units composed primarily of employees of naval
    telecommunications activities in positions which require a
    cryptographic authorization.
      (i) Naval Special Warfare Development Group.
      1-206. Agencies or subdivisions of the Department of the Air
    Force, Department of Defense:
      (a) Office of Space Systems, Office of the Secretary of the Air
    Force.
      (b) Office of Special Projects, Office of the Secretary of the
    Air Force.
      (c) Engineering Office, Space and Missile Systems Organization
    (Air Force Systems Command).
      (d) Program Control Office, Space and Missile Systems
    Organization (Air Force Systems Command).
      (e) Detachment 3, Space and Missile Systems Organization (Air
    Force Systems Command).
      (f) Defense Dissemination Systems Program Office, Space and
    Missile Systems Organization (Air Force Systems Command).
      (g) Satellite Data System Program Office, Space and Missile
    Systems Organization (Air Force Systems Command).
      (h) Project Office at El Segundo, California, Office of the
    Secretary of the Air Force.
      (i) Project Office at Patrick Air Force Base, Florida, Office of
    the Secretary of the Air Force.
      (j) Project Office at Fort Myer, Virginia, Office of the
    Secretary of the Air Force.
      (k) Air Force Office of Special Investigations.
      (l) U.S. Air Force Security Service.
      (m) Foreign Technology Division, Air Force Systems Command,
    Wright-Patterson Air Force Base.
      (n) 1035 Technical Operations Group (Air Force Technical
    Applications Center), Air Force Systems Command, and subordinate
    units.
      (o) 3480 Technical Training Wing, Air Training Command,
    Goodfellow Air Force Base, Texas.
      (p) Office of the Assistant Chief of Staff, Intelligence.
      (q) Air Force Intelligence Service.
      1-207. The Defense Intelligence Agency, Department of Defense.
      1-208. The Defense Investigative Service, Department of Defense.
      1-209. Agencies or subdivisions of the Department of Justice:
      a. The Office of Enforcement and the Office of Intelligence,
    including all domestic field offices and intelligence units, of the
    Drug Enforcement Administration.
      b. The Office of Special Operations, the Threat Analysis Group,
    the Enforcement Operations Division, the Witness Security Division
    and the Court Security Division in the Office of the Director and
    the Enforcement Division in Offices of the United States Marshals
    in the United States Marshals Service.
      (c) United States Attorneys' Offices.
      (d) Criminal Division.
      (e) INTERPOL - U.S. National Central Bureau.
      (f) National Drug Intelligence Center.
      (g) Office of Intelligence Policy and Review.
      1-210. Agencies or subdivisions of the Department of Energy.
      (a) The Albuquerque, Nevada and Savannah River operations offices
    under the Under Secretary of Energy.
      (b) Offices of the Assistant Secretary for Defense Programs.
      1-211. Offices within the Agency for International Development:
      (a) The Immediate Office of the Auditor General.
      (b) The Office of Inspections and Investigations.
      (c) The Office of Security.
      (d) The Office of the Area Auditor General/Washington.
      1-212. Agencies or subdivisions under the operational
    jurisdiction of the Joint Chiefs of Staff (JCS).
      (a) Intelligence Division (J-2), Headquarters Atlantic Command
    (LANTCOM).
      (b) Atlantic Command Electronic Intelligence Center.
      (c) Intelligence Directorate (J-2), Headquarters U.S. European
    Command (USEUCOM).
      (d) Special Security Office (SSO), Headquarters U.S. European
    Command (USEUCOM).
      (e) European Defense Analysis Center (EUDAC).
      (f) Intelligence Directorate (J-2), Headquarters Pacific Command
    (PACOM).
      (g) Intelligence Center Pacific (IPAC).
      (h) Intelligence Directorate (J-2), Headquarters U.S. Southern
    Command (USSOUTHCOM).
      (i) Intelligence Directorate (J-2), Headquarters U.S. Readiness
    Command (USREDCOM)/Joint Deployment Agency.
      (j) Deputy Chief of Staff/Intelligence, Headquarters Strategic
    Air Command (SAC).
      (k) 544th Strategic Intelligence Wing, Strategic Air Command
    (SAC).
      (l) Deputy Chief of Staff/Intelligence, Headquarters 15th Air
    Force, Strategic Air Command (SAC).
      (m) Deputy Chief of Staff/Intelligence, Headquarters 8th Air
    Force, Strategic Air Command (SAC).
      (n) Strategic Reconnaissance Center, Headquarters Strategic Air
    Command (SAC).
      (o) 6th Strategic Wing, Strategic Air Command (SAC).
      (p) 9th Strategic Reconnaissance Wing, Strategic Air Command
    (SAC).
      (q) 55th Strategic Reconnaissance Wing, Strategic Air Command
    (SAC).
      (r) 306th Strategic Wing, Strategic Air Command (SAC).
      (s) 376th Strategic Wing, Strategic Air Command (SAC).
      (t) Deputy Chief of Staff/Operations Plans, Headquarters
    Strategic Air Command (SAC).
      (u) The Joint Strategic Target Planning Staff (JSTPS).
      (v) The Joint Special Operations Command (JSOC) and all elements
    under its operational control.
      1-213. The subdivisions of the Federal Aviation Administration,
    Department of Transportation:
      (a) Federal Air Marshal Branch, International Civil Aviation
    Security Division, Office of Civil Aviation Security.
      (b) Units composed of Civil Aviation Security Inspectors in Civil
    Aviation Security divisions whose responsibilities require Federal
    air marshal functions.
      1-214. Subdivisions of the National Preparedness Directorate of
    the Federal Emergency Management Agency.
      (a) Office of Associate Director.
      (b) Office of Analysis and Support.
      (c) Office of Mobilization Preparedness.
      (d) The following offices of the Office of Systems Engineering.
      (1) Office of the Assistant Associate Director.
      (2) NEMS-DCWS Program Office.
      (3) Systems Design Division.
      (4) Telecommunications Systems Development Division.
      (5) Systems Support Division.
      (e) The following offices of the Office of Operations.
      (1) Office of the Assistant Associate Director.
      (2) Planning Division.
      (3) The following branches of the Readiness Division.
      (A) Exercise Branch.
      (B) Operations Branch.
      (C) National Warning Center.
      (D) Alternate National Warning Center.
      (4) Mobile Emergency Response Support Operations Divisions.
      (5) Federal Agency Support and Coordination Division.
      (f) The following offices in the Office of Information Resource
    Management.
      (1) Office of the Assistant Associate Director.
      (2) Information Systems Policy, Planning and Evaluation Policy
    and Planning Branch.
      (3) Information Systems Application Branch.
      (4) EICC Support Center.
      1-215. The Defense Mapping Agency Reston Center, Department of
    Defense.
      1-216. The Center for Federal Investigative Services, Office of
    Personnel Management.

       1-3. UNITS OUTSIDE THE 50 STATES AND THE DISTRICT OF COLUMBIA   
      1-301. The Drug Enforcement Administration, Department of
    Justice.

-EXEC-
         EX. ORD. NO. 12391. PARTIAL SUSPENSION OF FEDERAL SERVICE
                        LABOR-MANAGEMENT RELATIONS
      Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, including Section
    7103(b)(2) of Title 5 and Section 301 of Title 3 of the United
    States Code, and having determined that it is necessary in the
    interest of national security to suspend certain labor-management
    relations provisions with respect to overseas activities of the
    Department of Defense, it is hereby ordered as follows:
      Section 1. Suspensions. With regard to United States citizen
    employees of the Department of Defense, including the Military
    Departments, who are employed outside the United States as defined
    in 5 U.S.C. 7103(a)(18), with the exception of those employed in
    the Republic of Panama:
      (a) The provisions of 5 U.S.C. 7105(a)(2)(D), (E), (G), and (H)
    and of 5 U.S.C. 7123(b) are suspended with respect to any matter
    which substantially impairs the implementation by the United States
    Forces of any treaty or agreement, including any minutes or
    understandings thereto, between the United States and the
    Government of the host nation;
      (b) The provisions of 5 U.S.C. 7102(2), 7114(a)(1), 7114(a)(4),
    7116(a)(5), and 7117(c) are 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, including any minutes or understandings thereto, between
    the United States and the Government of the host nation;
      (c) The provisions of 5 U.S.C. 7116(a)(7) and 7117(b) are
    suspended with regard to any regulation governing the
    implementation by the United States Forces of any treaty or
    agreement, including any minutes or understandings thereto, between
    the United States and the Government of the host nations; and
      (d) The provisions of 5 U.S.C. 7121(b)(3)(C) are suspended with
    respect to any grievance involving the implementation by the United
    States Forces of any treaty or agreement, including any minutes or
    understandings thereto, between the United States and the
    Government of the host nation.
      Sec. 2. Disputes. Disputes between a labor organization and the
    United States Forces as to whether a particular matter is covered
    by one or more of the suspensions set forth in this Order shall be
    referred to the Secretary of Defense. The decision of the Secretary
    in such disputes shall be made after consultation with the
    Secretary of State and shall be final. The Secretary of Defense may
    delegate this authority, but only to the Deputy Secretary of
    Defense, an Under Secretary of Defense, or an Assistant Secretary
    of Defense. The functions assigned to the Secretary of State may
    not be delegated or assigned to anyone below the rank of an
    Assistant Secretary of State.
                                                          Ronald Reagan.

       EX. ORD. NO. 12632. EXCLUSIONS FROM FEDERAL LABOR-MANAGEMENT
                             RELATIONS PROGRAM
      Ex. Ord. No. 12632, Mar. 23, 1988, 53 F.R. 9852, provided:
      By virtue of the authority vested in me as President by the
    Constitution and laws of the United States of America, including
    Section 7103(b) of Title 5 of the United States Code, and in order
    to exempt certain agencies or subdivisions thereof from coverage of
    the Federal Labor-Management Relations Program, it is hereby
    ordered as follows:
      Section 1. Determinations. The agencies or subdivisions thereof
    set forth in Section 3 of this Order are hereby determined to have
    as a primary function intelligence, counterintelligence,
    investigative, or national security work. It is also hereby
    determined that Chapter 71 of Title 5 of the United States Code
    cannot be applied to these agencies or subdivisions in a manner
    consistent with national security requirements and considerations.
    These agencies or subdivisions thereof are hereby excluded from
    coverage under Chapter 71 of Title 5 of the United States Code.
      Sec. 2. Relationship to Executive Order No. 12559. The
    determinations set forth in Section 1 of this Order are the same
    determinations that I made at the time of and as a predicate to my
    issuance on May 20, 1986, of Executive Order No. 12559 [amending
    Ex. Ord. No. 12171, set out as a note above], which was issued for
    the same purpose as this Order. On July 10, 1987, Executive Order
    No. 12559 was held by a United States District Court to be
    incomplete as a matter of form, and therefore invalid, because it
    did not expressly set forth these determinations. AFGE v. Reagan,
    Civil No. 86-1587 (D.D.C.). These determinations were not expressly
    set forth in the text of Executive Order No. 12559 because all that
    Order did was amend Executive Order No. 12171 [set out as a note
    above] by adding the agencies or subdivisions referred to in
    Section 1 of this Order to the list in Executive Order No. 12171 of
    entities excluded from coverage of the Federal Labor-Management
    Relations Program, and these determinations were already expressly
    set forth in the text of Executive Order No. 12171, which remains
    in effect (as amended). This Order is not intended to reflect any
    belief that the form of Executive Order No. 12559 was invalid, but
    is intended solely to accomplish the purpose of that Order.
      Sec. 3. Amendment of Executive Order No. 12171. Executive Order
    No. 12171 is amended by deleting Section 1-209 and inserting in its
    place:
      Sec. 1-209. Agencies or subdivisions of the Department of
    Justice. (a) The Office of Enforcement and the Office of
    Intelligence, including all domestic field offices and intelligence
    units, of the Drug Enforcement Administration.
      (b) The Office of Special Operations, the Threat Analysis Group,
    the Enforcement Operations Division, the Witness Security Division
    and the Court Security Division in the Office of the Director and
    the Enforcement Division in Offices of the United States Marshals
    in the United States Marshals Service.
                                                          Ronald Reagan.

     EX. ORD. NO. 13252. EXCLUSIONS FROM THE FEDERAL LABOR-MANAGEMENT
                             RELATIONS PROGRAM
      Ex. Ord. No. 13252, Jan. 7, 2002, 67 F.R. 1601, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section
    7103(b)(1) of title 5, United States Code, and in order to exempt
    certain subdivisions of the Department of Justice from coverage
    under the Federal Labor-Management Relations Program, it is hereby
    ordered as follows:
      Section 1. Determinations. The subdivisions of the Department of
    Justice set forth in section 2 of this order are hereby determined
    to have as a primary function intelligence, counterintelligence,
    investigative, or national security work. It is further determined
    that chapter 71 of title 5, United States Code, cannot be applied
    to these subdivisions in a manner consistent with national security
    requirements and considerations.
      Sec. 2. Amendment of Executive Order 12171. Executive Order 12171
    of November 19, 1979, as amended, [set out above] is further
    amended by adding to the end of section 1-209 the following new
    subsections:
      "(c) United States Attorneys' Offices.
      ["](d) Criminal Division.
      ["](e) INTERPOL - U.S. National Central Bureau.
      ["](f) National Drug Intelligence Center.
      ["](g) Office of Intelligence Policy and Review."
                                                         George W. Bush.

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

-End-

-CITE-
    5 USC Sec. 7104                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 7104. Federal Labor Relations Authority

-STATUTE-
      (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 appointed 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 designate 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 appointed for a term of 5
    years. An individual chosen 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 impair the right of the
    remaining members to exercise 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 Counsel shall hold no other
    office or position in the Government of the United States except as
    provided 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 Authority as the
      Authority may prescribe.

      (3) The General Counsel shall have direct authority over, and
    responsibility for, all employees in the office of General Counsel,
    including employees of the General Counsel in the regional offices
    of the Authority.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1196; amended Pub. L. 98-224, Sec. 3, Mar. 2, 1984, 98 Stat. 47.)

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-224, Sec. 3(a), inserted provision
    directing that Chairman be chief executive and administrative
    officer.
      Subsec. (c). Pub. L. 98-224, Sec. 3(b), substituted provision
    that a member of Authority be appointed for a term of 5 years and
    an individual chosen to fill a vacancy be appointed for unexpired
    term of member replaced for provision that one original member of
    Authority 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.

                   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 decisions 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
    Document No. 103-7.

-EXEC-
                 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, including 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.

-End-

-CITE-
    5 USC Sec. 7105                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 7105. Powers and duties of the Authority

-STATUTE-
      (a)(1) The Authority shall provide leadership in establishing
    policies and guidance relating to matters under this chapter, and,
    except as otherwise provided, shall be responsible for carrying out
    the purpose of this chapter.
      (2) The Authority shall, to the extent provided in this chapter
    and in accordance with regulations 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 determine 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 according of exclusive recognition to labor organizations;
        (C) prescribe criteria and resolve issues relating to the
      granting of national consultation rights under section 7113 of
      this title;
        (D) prescribe criteria and resolve issues relating 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 granting of consultation
      rights with respect to conditions 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 otherwise
    expressly provided by law, the Authority may, by one or more of its
    members or by such agents as it may designate, make any appropriate
    inquiry necessary to carry out its duties wherever persons subject
    to this chapter are located. Any member who participates in the
    inquiry shall not be disqualified from later participating 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, administrative law judges under section 3105 of
    this title, and other individuals as it may from time to time find
    necessary for the proper performance of its functions. The
    Authority may delegate to officers and employees appointed under
    this subsection authority to perform such duties and make such
    expenditures as may be necessary.
      (e)(1) The Authority may delegate to any regional director its
    authority under this chapter - 
        (A) to determine whether a group of employees is an appropriate
      unit;
        (B) to conduct investigations and to provide for hearings;
        (C) to determine whether a question of representation 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 administrative law judge
    appointed under subsection (d) of this section its authority under
    section 7118 of this title to determine whether any person 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 application
    by any interested person filed within 60 days after the date of the
    action, review such action, but the review shall not, unless
    specifically ordered by the Authority, operate as a stay of action.
    The Authority may affirm, modify, or reverse any action reviewed
    under this subsection. If the Authority does not undertake to grant
    review of the action under this subsection 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 Authority 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 organization to cease and
      desist from violations of this chapter and require it to take any
      remedial 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, attorneys designated by the
    Authority may appear for the Authority and represent the Authority
    in any civil action brought in connection with any function carried
    out by the Authority pursuant to this title or as otherwise
    authorized by law.
      (i) In the exercise of the functions of the Authority under this
    title, the Authority may request from the Director of the Office of
    Personnel Management an advisory opinion concerning the proper
    interpretation of rules, regulations, or policy directives issued
    by the Office of Personnel Management in connection with any matter
    before the Authority.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1196.)

-MISC1-
     PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS 
      Subsec. (a)(2)(D), (E), (G), and (H) of this section suspended
    with respect to any matter which substantially impairs the
    implementation by the United States Forces of any treaty or
    agreement, including any minutes or understandings thereto, between
    the United States and the Government 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.

-End-

-CITE-
    5 USC Sec. 7106                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 7106. Management rights

-STATUTE-
      (a) Subject to subsection (b) of this section, nothing in this
    chapter shall affect the authority of any management official of
    any agency - 
        (1) to determine the mission, budget, organization, number of
      employees, and internal security practices of the agency; and
        (2) in accordance with applicable laws - 
          (A) to hire, assign, direct, layoff, and retain employees in
        the agency, or to suspend, remove, reduce in grade or pay, or
        take other disciplinary action against such employees;
          (B) to assign work, to make determinations 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 necessary to carry out
        the agency mission during emergencies.

      (b) Nothing in this section shall preclude any agency and any
    labor organization from negotiating - 
        (1) at the election of the agency, on the numbers, types, and
      grades of employees or positions assigned to any organizational
      subdivision, work project, or tour of duty, or on the technology,
      methods, and means of performing work;
        (2) procedures which management officials of the agency will
      observe in exercising any authority under this section; or
        (3) appropriate arrangements for employees adversely affected
      by the exercise of any authority under this section by such
      management officials.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1198.)

-End-

-CITE-
    5 USC SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND
           LABOR ORGANIZATIONS                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
          SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                               ORGANIZATIONS

-End-

-CITE-
    5 USC Sec. 7111                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7111. Exclusive recognition of labor organizations

-STATUTE-
      (a) An agency shall accord exclusive recognition to a labor
    organization if the organization has been selected as the
    representative, in a secret ballot election, by a majority of the
    employees 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 appropriate unit wish to be represented for the purpose of
        collective bargaining by an exclusive 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 effect or a matter relating to
      representation;

    the Authority shall investigate the petition, and if it has
    reasonable cause to believe that a question of representation
    exists, it shall provide an opportunity for a hearing (for which a
    transcript shall be kept) after a reasonable notice. If the
    Authority 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 subsection shall not be
    conducted in any appropriate 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 agreement 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 shall be placed on the ballot of
    any election under such subsection (b) with respect to the
    petition.
      (d) The Authority shall determine who is eligible to vote in any
    election under this section and shall establish rules governing any
    such election, which shall include rules allowing employees
    eligible to vote the opportunity to choose - 
        (1) from labor organizations on the ballot, that labor
      organization which the employees wish to have represent them; or
        (2) not to be represented by a labor organization.

    In any election in which no choice on the ballot receives a
    majority of the votes cast, a runoff election shall be conducted
    between the two choices receiving the highest number of votes. A
    labor organization which receives the majority of the votes cast in
    an election shall be certified by the Authority as the exclusive
    representative.
      (e) A labor organization seeking exclusive recognition shall
    submit to the Authority and the agency involved a roster of its
    officers and representatives, a copy of its constitution and
    bylaws, and a statement of its objectives.
      (f) Exclusive recognition shall not be accorded to a labor
    organization - 
        (1) if the Authority determines that the labor organization is
      subject to corrupt influences or influences opposed to democratic
      principles;
        (2) in the case of a petition filed pursuant to subsection
      (b)(1)(A) of this section, if there is not credible evidence that
      at least 30 percent of the employees in the unit specified in the
      petition wish to be represented for the purpose of collective
      bargaining by the labor organization seeking exclusive
      recognition;
        (3) if there is then in effect a lawful written collective
      bargaining agreement between the agency involved and an exclusive
      representative (other than the labor organization seeking
      exclusive recognition) covering any employees included in the
      unit specified in the petition, unless - 
          (A) the collective bargaining agreement has been in effect
        for more than 3 years, or
          (B) the petition for exclusive recognition is filed not more
        than 105 days and not less than 60 days before the expiration
        date of the collective bargaining agreement; or

        (4) if the Authority has, within the previous 12 calendar
      months, conducted a secret ballot election for the unit described
      in any petition under this section and in such election a
      majority of the employees voting chose a labor organization for
      certification as the unit's exclusive representative.

      (g) Nothing in this section shall be construed to prohibit the
    waiving of hearings by stipulation for the purpose of a consent
    election in conformity with regulations and rules or decisions of
    the Authority.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1199.)

-End-

-CITE-
    5 USC Sec. 7112                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7112. Determination of appropriate units for labor
      organization representation

-STATUTE-
      (a) The Authority shall determine the appropriateness of any
    unit. The Authority shall determine in each case whether, in order
    to ensure employees the fullest freedom in exercising the rights
    guaranteed under this chapter, the appropriate unit should be
    established on an agency, plant, installation, functional, or other
    basis and shall determine any unit to be an appropriate unit only
    if the determination will ensure a clear and identifiable community
    of interest among the employees in the unit and will promote
    effective dealings with, and efficiency of the operations of the
    agency involved.
      (b) A unit shall not be determined to be appropriate under this
    section solely on the basis of the extent to which employees in the
    proposed unit have organized, nor shall a unit be determined to be
    appropriate if it includes - 
        (1) except as provided under section 7135(a)(2) of this title,
      any management official or supervisor;
        (2) a confidential employee;
        (3) an employee engaged in personnel work in other than a
      purely clerical capacity;
        (4) an employee engaged in administering the provisions of this
      chapter;
        (5) both professional employees and other employees, unless a
      majority of the professional employees vote for inclusion in the
      unit;
        (6) any employee engaged in intelligence, counterintelligence,
      investigative, or security work which directly affects national
      security; or
        (7) any employee primarily engaged in investigation or audit
      functions relating to the work of individuals employed by an
      agency whose duties directly affect the internal security of the
      agency, but only if the functions are undertaken to ensure that
      the duties are discharged honestly and with integrity.

      (c) Any employee who is engaged in administering any provision of
    law relating to labor-management relations may not be represented
    by a labor organization - 
        (1) which represents other individuals to whom such provision
      applies; or
        (2) which is affiliated directly or indirectly with an
      organization which represents other individuals to whom such
      provision applies.

      (d) Two or more units which are in an agency and for which a
    labor organization is the exclusive representative may, upon
    petition by the agency or labor organization, be consolidated with
    or without an election into a single larger unit if the Authority
    considers the larger unit to be appropriate. The Authority shall
    certify the labor organization as the exclusive representative of
    the new larger unit.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1200; amended Pub. L. 102-378, Sec. 2(54), Oct. 2, 1992, 106 Stat.
    1354.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-378 struck out "(1)" after
    subsec. (a) designation.

-End-

-CITE-
    5 USC Sec. 7113                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7113. National consultation rights

-STATUTE-
      (a) If, in connection with any agency, no labor organization has
    been accorded exclusive recognition on an agency basis, a labor
    organization which is the exclusive representative of a substantial
    number of the employees of the agency, as determined in accordance
    with criteria prescribed by the Authority, shall be granted
    national consultation rights by the agency. National consultation
    rights shall terminate 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
    consultation rights shall be subject to determination 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 presented 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 organization 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
    bargaining.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1201; amended Pub. L. 102-378, Sec. 2(55), Oct. 2, 1992, 106 Stat.
    1354.)

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-378 struck out "(1)" after
    subsec. (a) designation.

-End-

-CITE-
    5 USC Sec. 7114                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7114. Representation rights and duties

-STATUTE-
      (a)(1) A labor organization which has been accorded exclusive
    recognition is the exclusive representative of the employees in the
    unit it represents and is entitled to act for, and negotiate
    collective bargaining agreements covering, all employees in the
    unit. An exclusive representative is responsible for representing
    the interests of all employees in the unit it represents without
    discrimination and without regard to labor organization membership.
      (2) An exclusive representative of an appropriate unit in an
    agency shall be given the opportunity 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
      representatives concerning any grievance or any personnel 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 connection 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 employees of their
    rights under paragraph (2)(B) of this subsection.
      (4) Any agency and any exclusive representative 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 representative may determine
    appropriate techniques, 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
      choosing 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 procedures 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 sincere 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 employment;
        (3) to meet at reasonable times and convenient 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 authorized 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 necessary for full and
        proper discussion, understanding, and negotiation of subjects
        within the scope of collective bargaining; and
          (C) which does not constitute guidance, advice, counsel, or
        training provided for management 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 written document embodying the agreed
      terms, and to take such steps as are necessary to implement 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
    accordance 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 representative
    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 regulations
    prescribed by the agency.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1202.)

-MISC1-
     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, including any minutes or understandings thereto, between
    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.

-End-

-CITE-
    5 USC Sec. 7115                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7115. Allotments to representatives

-STATUTE-
      (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 representative of the unit, the
    agency shall honor the assignment and make an appropriate allotment
    pursuant to the assignment. Any such allotment shall be made at no
    cost to the exclusive 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 representative.

      (c)(1) Subject to paragraph (2) of this subsection, if a petition
    has been filed with the Authority by a labor organization alleging
    that 10 percent of the employees in an appropriate unit in an
    agency have membership in the labor organization, the Authority
    shall investigate the petition to determine its validity. Upon
    certification by the Authority of the validity of the petition, the
    agency shall have a duty to negotiate with the labor organization
    solely concerning the deduction of dues of the labor organization
    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 appropriate 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 exclusive
    representative of the unit.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1203.)

-End-

-CITE-
    5 USC Sec. 7116                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7116. Unfair labor practices

-STATUTE-
      (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 section 2302 of this title) which is in
      conflict with any applicable collective bargaining agreement if
      the agreement was in effect before the date the rule or
      regulation was prescribed; or
        (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 organization - 
        (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 exercise 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 performance or
      productivity as an employee or the discharge of the member's
      duties as an employee;
        (4) to discriminate against an employee with regard to the
      terms or conditions of membership 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 chapter;
        (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 operations, or
        (B) to condone any activity described in subparagraph (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 representative to deny membership to any
    employee in the appropriate unit represented by such exclusive
    representative except for failure - 
        (1) to meet reasonable occupational standards uniformly
      required for admission, or
        (2) to tender dues uniformly required as a condition of
      acquiring and retaining membership.

    This subsection does not preclude any labor organization from
    enforcing discipline in accordance with procedures under its
    constitution or bylaws to the extent consistent with the provisions
    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 procedure 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, argument, 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.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1204.)

-MISC1-
     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 suspended with regard to any regulation governing the
    implementation by the United States Forces, of any treaty or
    agreement, including any minutes or understandings 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.

-End-

-CITE-
    5 USC Sec. 7117                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7117. Duty to bargain in good faith; compelling need; duty to
      consult

-STATUTE-
      (a)(1) Subject to paragraph (2) of this subsection, 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 determined under subsection (b) of this
    section that no compelling need (as determined under regulations
    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
    represents an appropriate unit including not less than a majority
    of the employees in the issuing agency or primary national
    subdivision, as the case may be, to whom the rule or regulation is
    applicable.
      (b)(1) In any case of collective bargaining in which an exclusive
    representative alleges that no compelling need exists for any rule
    or regulation referred to in subsection (a)(3) of this section
    which is then in effect and which governs any matter at issue in
    such collective bargaining, the Authority shall determine under
    paragraph (2) of this subsection, in accordance with regulations
    prescribed by the Authority, whether such a compelling need exists.
      (2) For the purpose of this section, a compelling need shall be
    determined not to exist for any rule or regulation only if - 
        (A) the agency, or primary national subdivision, as the case
      may be, which issued the rule or regulation informs the Authority
      in writing that a compelling need for the rule or regulation does
      not exist; or
        (B) the Authority determines that a compelling need for a rule
      or regulation does not exist.

      (3) A hearing may be held, in the discretion of the Authority,
    before a determination is made under this subsection. If a hearing
    is held, it shall be expedited to the extent practicable and shall
    not include the General Counsel as a party.
      (4) The agency, or primary national subdivision, as the case may
    be, which issued the rule or regulation shall be a necessary party
    at any hearing under this subsection.
      (c)(1) Except in any case to which subsection (b) of this section
    applies, if an agency involved in collective bargaining with an
    exclusive representative alleges that the duty to bargain in good
    faith does not extend to any matter, the exclusive representative
    may appeal the allegation to the Authority in accordance with the
    provisions of this subsection.
      (2) The exclusive representative may, on or before the 15th day
    after the date on which the agency first makes the allegation
    referred to in paragraph (1) of this subsection, institute an
    appeal under this subsection by - 
        (A) filing a petition with the Authority; and
        (B) furnishing a copy of the petition to the head of the
      agency.

      (3) On or before the 30th day after the date of the receipt by
    the head of the agency of the copy of the petition under paragraph
    (2)(B) of this subsection, the agency shall - 
        (A) file with the Authority a statement - 
          (i) withdrawing the allegation; or
          (ii) setting forth in full its reasons supporting the
        allegation; and

        (B) furnish a copy of such statement to the exclusive
      representative.

      (4) On or before the 15th day after the date of the receipt by
    the exclusive representative of a copy of a statement under
    paragraph (3)(B) of this subsection, the exclusive representative
    shall file with the Authority its response to the statement.
      (5) A hearing may be held in the discretion of the Authority,
    before a determination is made under this subsection. If a hearing
    is held, it shall not include the General Counsel as a party.
      (6) The Authority shall expedite proceedings under this
    subsection to the extent practicable and shall issue to the
    exclusive representative and to the agency a written decision on
    the allegation and specific reasons therefore at the earliest
    practicable date.
      (d)(1) A labor organization which is the exclusive representative
    of a substantial number of employees, determined in accordance with
    criteria prescribed by the Authority, shall be granted consultation
    rights by any agency with respect to any Government-wide rule or
    regulation issued by the agency effecting any substantive change in
    any condition of employment. Such consultation rights shall
    terminate when the labor organization no longer meets the criteria
    prescribed by the Authority. Any issue relating to a labor
    organization's eligibility for, or continuation of, such
    consultation rights shall be subject to determination by the
    Authority.
      (2) A labor organization having consultation rights under
    paragraph (1) of this subsection shall - 
        (A) be informed of any substantive change in conditions of
      employment proposed by the agency, and
        (B) shall be permitted reasonable time to present its views and
      recommendations regarding the changes.

      (3) If any views or recommendations are presented under paragraph
    (2) 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 organization a written
      statement of the reasons for taking the final action.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1205.)

-MISC1-
     PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS 
      Subsec. (b) of this section suspended with regard to any
    regulation governing the implementation by the United States
    Forces, and subsec. (c) 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, including any minutes or understandings 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.

-End-

-CITE-
    5 USC Sec. 7118                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7118. Prevention of unfair labor practices

-STATUTE-
      (a)(1) If any agency or labor organization is charged by any
    person with having engaged in or engaging in an unfair labor
    practice, the General Counsel shall investigate the charge and may
    issue and cause to be served upon the agency or labor organization
    a complaint. In any case in which the General Counsel does not
    issue a complaint because the charge fails to state an unfair labor
    practice, the General Counsel shall provide the person making the
    charge a written statement of the reasons for not issuing a
    complaint.
      (2) Any complaint under paragraph (1) of this subsection shall
    contain a notice - 
        (A) of the charge;
        (B) that a hearing will be held before the Authority (or any
      member thereof or before an individual employed by the authority
      and designated for such purpose); and
        (C) of the time and place fixed for the hearing.

      (3) The labor organization or agency involved shall have the
    right to file an answer to the original and any amended complaint
    and to appear in person or otherwise and give testimony at the time
    and place fixed in the complaint for the hearing.
      (4)(A) Except as provided in subparagraph (B) of this paragraph,
    no complaint shall be issued based on any alleged unfair labor
    practice which occurred more than 6 months before the filing of the
    charge with the Authority.
      (B) If the General Counsel determines that the person filing any
    charge was prevented from filing the charge during the 6-month
    period referred to in subparagraph (A) of this paragraph by reason
    of - 
        (i) any failure of the agency or labor organization against
      which the charge is made to perform a duty owed to the person, or
        (ii) any concealment which prevented discovery of the alleged
      unfair labor practice during the 6-month period,

    the General Counsel may issue a complaint based on the charge if
    the charge was filed during the 6-month period beginning on the day
    of the discovery by the person of the alleged unfair labor
    practice.
      (5) The General Counsel may prescribe regulations providing for
    informal methods by which the alleged unfair labor practice may be
    resolved prior to the issuance of a complaint.
      (6) The Authority (or any member thereof or any individual
    employed by the Authority and designated for such purpose) shall
    conduct a hearing on the complaint not earlier than 5 days after
    the date on which the complaint is served. In the discretion of the
    individual or individuals conducting the hearing, any person
    involved may be allowed to intervene in the hearing and to present
    testimony. Any such hearing shall, to the extent practicable, be
    conducted in accordance with the provisions of subchapter II of
    chapter 5 of this title, except that the parties shall not be bound
    by rules of evidence, whether statutory, common law, or adopted by
    a court. A transcript shall be kept of the hearing. After such a
    hearing the Authority, in its discretion, may upon notice receive
    further evidence or hear argument.
      (7) If the Authority (or any member thereof or any individual
    employed by the Authority and designated for such purpose)
    determines after any hearing on a complaint under paragraph (5) of
    this subsection that the preponderance of the evidence received
    demonstrates that the agency or labor organization named in the
    complaint has engaged in or is engaging in an unfair labor
    practice, then the individual or individuals conducting the hearing
    shall state in writing their findings of fact and shall issue and
    cause to be served on the agency or labor organization an order - 
        (A) to cease and desist from any such unfair labor practice in
      which the agency or labor organization is engaged;
        (B) requiring the parties to renegotiate a collective
      bargaining agreement in accordance with the order of the
      Authority and requiring that the agreement, as amended, be given
      retroactive effect;
        (C) requiring reinstatement of an employee with backpay in
      accordance with section 5596 of this title; or
        (D) including any combination of the actions described in
      subparagraphs (A) through (C) of this paragraph or such other
      action as will carry out the purpose of this chapter.

    If any such order requires reinstatement of an employee with
    backpay, backpay may be required of the agency (as provided in
    section 5596 of this title) or of the labor organization, as the
    case may be, which is found to have engaged in the unfair labor
    practice involved.
      (8) If the individual or individuals conducting the hearing
    determine that the preponderance of the evidence received fails to
    demonstrate that the agency or labor organization named in the
    complaint has engaged in or is engaging in an unfair labor
    practice, the individual or individuals shall state in writing
    their findings of fact and shall issue an order dismissing the
    complaint.
      (b) In connection with any matter before the Authority in any
    proceeding under this section, the Authority may request, in
    accordance with the provisions of section 7105(i) of this title,
    from the Director of the Office of Personnel Management an advisory
    opinion concerning the proper interpretation of rules, regulations,
    or other policy directives issued by the Office of Personnel
    Management.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1207.)

-End-

-CITE-
    5 USC Sec. 7119                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7119. Negotiation impasses; Federal Service Impasses Panel

-STATUTE-
      (a) The Federal Mediation and Conciliation Service shall provide
    services and assistance to agencies and exclusive representatives
    in the resolution of negotiation impasses. The Service shall
    determine under what circumstances and in what manner it shall
    provide services and assistance.
      (b) If voluntary arrangements, including the services of the
    Federal Mediation and Conciliation Service or any other third-party
    mediation, fail to resolve a negotiation impasse - 
        (1) either party may request the Federal Service Impasses Panel
      to consider the matter, or
        (2) the parties may agree to adopt a procedure for binding
      arbitration of the negotiation impasse, but only if the procedure
      is approved by the Panel.

      (c)(1) The Federal Service Impasses Panel is an entity within the
    Authority, the function of which is to provide assistance in
    resolving negotiation impasses between agencies and exclusive
    representatives.
      (2) The Panel shall be composed of a Chairman and at least six
    other members, who shall be appointed by the President, solely on
    the basis of fitness to perform the duties and functions involved,
    from among individuals who are familiar with Government operations
    and knowledgeable in labor-management relations.
      (3) Of the original members of the Panel, 2 members shall be
    appointed for a term of 1 year, 2 members shall be appointed for a
    term of 3 years, and the Chairman and the remaining members shall
    be appointed for a term of 5 years. Thereafter each member shall be
    appointed for a term of 5 years, except that an individual chosen
    to fill a vacancy shall be appointed for the unexpired term of the
    member replaced. Any member of the Panel may be removed by the
    President.
      (4) The Panel may appoint an Executive Director and any other
    individuals it may from time to time find necessary for the proper
    performance of its duties. Each member of the Panel who is not an
    employee (as defined in section 2105 of this title) is entitled to
    pay at a rate equal to the daily equivalent of the maximum annual
    rate of basic pay then currently paid under the General Schedule
    for each day he is engaged in the performance of official business
    of the Panel, including travel time, and is entitled to travel
    expenses as provided under section 5703 of this title.
      (5)(A) The Panel or its designee shall promptly investigate any
    impasse presented to it under subsection (b) of this section. The
    Panel shall consider the impasse and shall either - 
        (i) recommend to the parties procedures for the resolution of
      the impasse; or
        (ii) assist the parties in resolving the impasse through
      whatever methods and procedures, including factfinding and
      recommendations, it may consider appropriate to accomplish the
      purpose of this section.

      (B) If the parties do not arrive at a settlement after assistance
    by the Panel under subparagraph (A) of this paragraph, the Panel
    may - 
        (i) hold hearings;
        (ii) administer oaths, take the testimony or deposition of any
      person under oath, and issue subpenas as provided in section 7132
      of this title; and
        (iii) take whatever action is necessary and not inconsistent
      with this chapter to resolve the impasse.

      (C) Notice of any final action of the Panel under this section
    shall be promptly served upon the parties, and the action shall be
    binding on such parties during the term of the agreement, unless
    the parties agree otherwise.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1208.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (c)(4), is set out
    under section 5332 of this title.

-End-

-CITE-
    5 USC Sec. 7120                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER II - RIGHTS AND DUTIES OF AGENCIES AND LABOR
                     ORGANIZATIONS             

-HEAD-
    Sec. 7120. Standards of conduct for labor organizations

-STATUTE-
      (a) An agency shall only accord recognition to a labor
    organization that is free from corrupt influences and influences
    opposed to basic democratic principles. Except as provided in
    subsection (b) of this section, an organization is not required to
    prove that it is free from such influences if it is subject to
    governing requirements adopted by the organization or by a national
    or international labor organization or federation of labor
    organizations with which it is affiliated, or in which it
    participates, containing explicit and detailed provisions to which
    it subscribes calling for - 
        (1) the maintenance of democratic procedures and practices
      including provisions for periodic elections to be conducted
      subject to recognized safeguards and provisions defining and
      securing the right of individual members to participate in the
      affairs of the organization, to receive fair and equal treatment
      under the governing rules of the organization, and to receive
      fair process in disciplinary proceedings;
        (2) the exclusion from office in the organization of persons
      affiliated with communist or other totalitarian movements and
      persons identified with corrupt influences;
        (3) the prohibition of business or financial interests on the
      part of organization officers and agents which conflict with
      their duty to the organization and its members; and
        (4) the maintenance of fiscal integrity in the conduct of the
      affairs of the organization, including provisions for accounting
      and financial controls and regular financial reports or summaries
      to be made available to members.

      (b) Notwithstanding the fact that a labor organization has
    adopted or subscribed to standards of conduct as provided in
    subsection (a) of this section, the organization is required to
    furnish evidence of its freedom from corrupt influences or
    influences opposed to basic democratic principles if there is
    reasonable cause to believe that - 
        (1) the organization has been suspended or expelled from, or is
      subject to other sanction, by a parent labor organization, or
      federation of organizations with which it had been affiliated,
      because it has demonstrated an unwillingness or inability to
      comply with governing requirements comparable in purpose to those
      required by subsection (a) of this section; or
        (2) the organization is in fact subject to influences that
      would preclude recognition under this chapter.

      (c) A labor organization which has or seeks recognition as a
    representative of employees under this chapter shall file financial
    and other reports with the Assistant Secretary of Labor for Labor
    Management Relations, provide for bonding of officials and
    employees of the organization, and comply with trusteeship and
    election standards.
      (d) The Assistant Secretary shall prescribe such regulations as
    are necessary to carry out the purposes of this section. Such
    regulations shall conform generally to the principles applied to
    labor organizations in the private sector. Complaints of violations
    of this section shall be filed with the Assistant Secretary. In any
    matter arising under this section, the Assistant Secretary may
    require a labor organization to cease and desist from violations of
    this section and require it to take such actions as he considers
    appropriate to carry out the policies of this section.
      (e) This chapter does not authorize participation in the
    management of a labor organization or acting as a representative of
    a labor organization by a management official, a supervisor, or a
    confidential employee, except as specifically provided in this
    chapter, or by an employee if the participation or activity would
    result in a conflict or apparent conflict of interest or would
    otherwise be incompatible with law or with the official duties of
    the employee.
      (f) In the case of any labor organization which by omission or
    commission has willfully and intentionally, with regard to any
    strike, work stoppage, or slowdown, violated section 7116(b)(7) of
    this title, the Authority shall, upon an appropriate finding by the
    Authority of such violation - 
        (1) revoke the exclusive recognition status of the labor
      organization, which shall then immediately cease to be legally
      entitled and obligated to represent employees in the unit; or
        (2) take any other appropriate disciplinary action.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1210.)

-End-

-CITE-
    5 USC SUBCHAPTER III - GRIEVANCES, APPEALS, AND REVIEW      01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - GRIEVANCES, APPEALS, AND REVIEW

-HEAD-
             SUBCHAPTER III - GRIEVANCES, APPEALS, AND REVIEW         

-MISC1-
                                AMENDMENTS                            
      1979 - Pub. L. 96-54, Sec. 2(a)(42), Aug. 14, 1979, 93 Stat. 383,
    inserted ", APPEALS, AND REVIEW" after "GRIEVANCES".

-End-

-CITE-
    5 USC Sec. 7121                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - GRIEVANCES, APPEALS, AND REVIEW

-HEAD-
    Sec. 7121. Grievance procedures

-STATUTE-
      (a)(1) Except as provided in paragraph (2) of this subsection,
    any collective bargaining agreement shall provide procedures for
    the settlement of grievances, including questions of arbitrability.
    Except as provided in subsections (d), (e), and (g) of this
    section, the procedures shall be the exclusive administrative
    procedures for resolving grievances which fall within its coverage.
      (2) Any collective bargaining agreement may exclude any matter
    from the application of the grievance procedures which are provided
    for in the agreement.
      (b)(1) Any negotiated grievance procedure referred to in
    subsection (a) of this section shall - 
        (A) be fair and simple,
        (B) provide for expeditious processing, and
        (C) include procedures that - 
          (i) assure an exclusive representative the right, in its own
        behalf or on behalf of any employee in the unit represented by
        the exclusive representative, to present and process
        grievances;
          (ii) assure such an employee the right to present a grievance
        on the employee's own behalf, and assure the exclusive
        representative the right to be present during the grievance
        proceeding; and
          (iii) provide that any grievance not satisfactorily settled
        under the negotiated grievance procedure shall be subject to
        binding arbitration which may be invoked by either the
        exclusive representative or the agency.

      (2)(A) The provisions of a negotiated grievance procedure
    providing for binding arbitration in accordance with paragraph
    (1)(C)(iii) shall, if or to the extent that an alleged prohibited
    personnel practice is involved, allow the arbitrator to order - 
        (i) a stay of any personnel action in a manner similar to the
      manner described in section 1221(c) with respect to the Merit
      Systems Protection Board; and
        (ii) the taking, by an agency, of any disciplinary action
      identified under section 1215(a)(3) that is otherwise within the
      authority of such agency to take.

      (B) Any employee who is the subject of any disciplinary action
    ordered under subparagraph (A)(ii) may appeal such action to the
    same extent and in the same manner as if the agency had taken the
    disciplinary action absent arbitration.
      (c) The preceding subsections of this section shall not apply
    with respect to any grievance concerning - 
        (1) any claimed violation of subchapter III of chapter 73 of
      this title (relating to prohibited political activities);
        (2) retirement, life insurance, or health insurance;
        (3) a suspension or removal under section 7532 of this title;
        (4) any examination, certification, or appointment; or
        (5) the classification of any position which does not result in
      the reduction in grade or pay of an employee.

      (d) An aggrieved employee affected by a prohibited personnel
    practice under section 2302(b)(1) of this title which also falls
    under the coverage of the negotiated grievance procedure may raise
    the matter under a statutory procedure or the negotiated procedure,
    but not both. An employee shall be deemed to have exercised his
    option under this subsection to raise the matter under either a
    statutory procedure or the negotiated procedure at such time as the
    employee timely initiates an action under the applicable statutory
    procedure or timely files a grievance in writing, in accordance
    with the provisions of the parties' negotiated procedure, whichever
    event occurs first. Selection of the negotiated procedure in no
    manner prejudices the right of an aggrieved employee to request the
    Merit Systems Protection Board to review the final decision
    pursuant to section 7702 of this title in the case of any personnel
    action that could have been appealed to the Board, or, where
    applicable, to request the Equal Employment Opportunity Commission
    to review a final decision in any other matter involving a
    complaint of discrimination of the type prohibited by any law
    administered by the Equal Employment Opportunity Commission.
      (e)(1) Matters covered under sections 4303 and 7512 of this title
    which also fall within the coverage of the negotiated grievance
    procedure may, in the discretion of the aggrieved employee, be
    raised either under the appellate procedures of section 7701 of
    this title or under the negotiated grievance procedure, but not
    both. Similar matters which arise under other personnel systems
    applicable to employees covered by this chapter may, in the
    discretion of the aggrieved employee, be raised either under the
    appellate procedures, if any, applicable to those matters, or under
    the negotiated grievance procedure, but not both. An employee shall
    be deemed to have exercised his option under this subsection to
    raise a matter either under the applicable appellate procedures or
    under the negotiated grievance procedure at such time as the
    employee timely files a notice of appeal under the applicable
    appellate procedures or timely files a grievance in writing in
    accordance with the provisions of the parties' negotiated grievance
    procedure, whichever event occurs first.
      (2) In matters covered under sections 4303 and 7512 of this title
    which have been raised under the negotiated grievance procedure in
    accordance with this section, an arbitrator shall be governed by
    section 7701(c)(1) of this title, as applicable.
      (f) In matters covered under sections 4303 and 7512 of this title
    which have been raised under the negotiated grievance procedure in
    accordance with this section, section 7703 of this title pertaining
    to judicial review shall apply to the award of an arbitrator in the
    same manner and under the same conditions as if the matter had been
    decided by the Board. In matters similar to those covered under
    sections 4303 and 7512 of this title which arise under other
    personnel systems and which an aggrieved employee has raised under
    the negotiated grievance procedure, judicial review of an
    arbitrator's award may be obtained in the same manner and on the
    same basis as could be obtained of a final decision in such matters
    raised under applicable appellate procedures.
      (g)(1) This subsection applies with respect to a prohibited
    personnel practice other than a prohibited personnel practice to
    which subsection (d) applies.
      (2) An aggrieved employee affected by a prohibited personnel
    practice described in paragraph (1) may elect not more than one of
    the remedies described in paragraph (3) with respect thereto. For
    purposes of the preceding sentence, a determination as to whether a
    particular remedy has been elected shall be made as set forth under
    paragraph (4).
      (3) The remedies described in this paragraph are as follows:
        (A) An appeal to the Merit Systems Protection Board under
      section 7701.
        (B) A negotiated grievance procedure under this section.
        (C) Procedures for seeking corrective action under subchapters
      II and III of chapter 12.

      (4) For the purpose of this subsection, a person shall be
    considered to have elected - 
        (A) the remedy described in paragraph (3)(A) if such person has
      timely filed a notice of appeal under the applicable appellate
      procedures;
        (B) the remedy described in paragraph (3)(B) if such person has
      timely filed a grievance in writing, in accordance with the
      provisions of the parties' negotiated procedure; or
        (C) the remedy described in paragraph (3)(C) if such person has
      sought corrective action from the Office of Special Counsel by
      making an allegation under section 1214(a)(1).

      (h) Settlements and awards under this chapter shall be subject to
    the limitations in section 5596(b)(4) of this title.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1211; amended Pub. L. 103-424, Sec. 9, Oct. 29, 1994, 108 Stat.
    4365; Pub. L. 105-261, div. A, title XI, Sec. 1104(b), Oct. 17,
    1998, 112 Stat. 2142.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (h). Pub. L. 105-261 added subsec. (h).
      1994 - Subsec. (a)(1). Pub. L. 103-424, Sec. 9(c), substituted
    "(d), (e), and (g)" for "(d) and (e)" and inserted "administrative"
    after "exclusive".
      Subsec. (b). Pub. L. 103-424, Sec. 9(a), designated existing
    provisions as par. (1) and redesignated former pars. (1) to (3) as
    subpars. (A) to (C), respectively, and subpars. (A) to (C) of
    former par. (3) as cls. (i) to (iii) of subpar. (a)(1)(C),
    respectively, and added par. (2).
      Subsec. (g). Pub. L. 103-424, Sec. 9(b), added subsec. (g).

     PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS 
      Subsec. (b)(3)(C) of this section suspended with respect to any
    grievance involving the implementation by the United States Forces
    of any treaty or agreement, including any minutes or understandings
    thereto, between the United States and the Government of the host
    nation, see section 1(d) of Ex. Ord. No. 12391, Nov. 4, 1982, 47
    F.R. 50457, set out as a note under section 7103 of this title.

-End-

-CITE-
    5 USC Sec. 7122                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - GRIEVANCES, APPEALS, AND REVIEW

-HEAD-
    Sec. 7122. Exceptions to arbitral awards

-STATUTE-
      (a) Either party to arbitration under this chapter may file with
    the Authority an exception to any arbitrator's award pursuant to
    the arbitration (other than an award relating to a matter described
    in section 7121(f) of this title). If upon review the Authority
    finds that the award is deficient - 
        (1) because it is contrary to any law, rule, or regulation; or
        (2) on other grounds similar to those applied by Federal courts
      in private sector labor-management relations;

    the Authority may take such action and make such recommendations
    concerning the award as it considers necessary, consistent with
    applicable laws, rules, or regulations.
      (b) If no exception to an arbitrator's award is filed under
    subsection (a) of this section during the 30-day period beginning
    on the date the award is served on the party, the award shall be
    final and binding. An agency shall take the actions required by an
    arbitrator's final award. The award may include the payment of
    backpay (as provided in section 5596 of this title).

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1212; amended Pub. L. 98-224, Sec. 4, Mar. 2, 1984, 98 Stat. 48.)

-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (b). Pub. L. 98-224 amended subsec. (b) generally,
    substituting "beginning on the date the award is served on the
    party" for "beginning on the date of such award".

-End-

-CITE-
    5 USC Sec. 7123                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER III - GRIEVANCES, APPEALS, AND REVIEW

-HEAD-
    Sec. 7123. Judicial review; enforcement

-STATUTE-
      (a) Any person aggrieved by any final order of the Authority
    other than an order under - 
        (1) section 7122 of this title (involving an award by an
      arbitrator), unless the order involves an unfair labor practice
      under section 7118 of this title, or
        (2) section 7112 of this title (involving an appropriate unit
      determination),

    may, during the 60-day period beginning on the date on which the
    order was issued, institute an action for judicial review of the
    Authority's order in the United States court of appeals in the
    circuit in which the person resides or transacts business or in the
    United States Court of Appeals for the District of Columbia.
      (b) The Authority may petition any appropriate United States
    court of appeals for the enforcement of any order of the Authority
    and for appropriate temporary relief or restraining order.
      (c) Upon the filing of a petition under subsection (a) of this
    section for judicial review or under subsection (b) of this section
    for enforcement, the Authority shall file in the court the record
    in the proceedings, as provided in section 2112 of title 28. Upon
    the filing of the petition, the court shall cause notice thereof to
    be served to the parties involved, and thereupon shall have
    jurisdiction of the proceeding and of the question determined
    therein and may grant any temporary relief (including a temporary
    restraining order) it considers just and proper, and may make and
    enter a decree affirming and enforcing, modifying and enforcing as
    so modified, or setting aside in whole or in part the order of the
    Authority. The filing of a petition under subsection (a) or (b) of
    this section shall not operate as a stay of the Authority's order
    unless the court specifically orders the stay. Review of the
    Authority's order shall be on the record in accordance with section
    706 of this title. No objection that has not been urged before the
    Authority, or its designee, shall be considered by the court,
    unless the failure or neglect to urge the objection is excused
    because of extraordinary circumstances. The findings of the
    Authority with respect to questions of fact, if supported 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 satisfaction 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 Authority may
    modify its findings as to the facts, or make new findings by reason
    of additional evidence so taken and filed. The Authority shall file
    its modified or new findings, which, with respect to questions of
    fact, if supported by substantial evidence on the record considered
    as a whole, shall be conclusive. The Authority shall file its
    recommendations, if any, for the modification 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 district in which the unfair labor
    practice in question is alleged to have occurred or in which such
    person resides or transacts business for appropriate 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 temporary 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.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1213.)

-MISC1-
     PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS 
      Subsec. (b) of this section suspended with respect to any matter
    which substantially impairs the implementation by the United States
    Forces of any treaty or agreement, including any minutes or
    understandings thereto, between the United States and the
    Government 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.

-End-

-CITE-
    5 USC SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS    01/03/2007 

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS

-HEAD-
            SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS        

-End-

-CITE-
    5 USC Sec. 7131                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS

-HEAD-
    Sec. 7131. Official time

-STATUTE-
      (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, including
    attendance at impasse proceeding, during the time the employee
    otherwise would be in a duty status. The number of employees for
    whom official time is authorized under this subsection shall not
    exceed the number of individuals designated as representing the
    agency for such purposes.
      (b) Any activities performed by any employee relating to the
    internal business of a labor organization (including the
    solicitation of membership, 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 employee otherwise would be in a duty
    status.
      (d) Except as provided in the preceding subsections of this
    section - 
        (1) any employee representing an exclusive representative, or
        (2) in connection with any other matter covered by this
      chapter, any employee in an appropriate unit represented by an
      exclusive representative,

    shall be granted official time in any amount the agency and the
    exclusive representative involved agree to be reasonable,
    necessary, and in the public interest.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1214.)

-End-

-CITE-
    5 USC Sec. 7132                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS

-HEAD-
    Sec. 7132. Subpenas

-STATUTE-
      (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 Authority
    designated by the Authority may - 
        (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 taking of depositions,
      order responses to written interrogatories, examine witnesses,
      and receive 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 appear 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.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1214.)

-End-

-CITE-
    5 USC Sec. 7133                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS

-HEAD-
    Sec. 7133. Compilation and publication of data

-STATUTE-
      (a) The Authority shall maintain a file of its proceedings and
    copies of all available agreements and arbitration decisions, and
    shall publish 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 reproduction in accordance with the
    provisions of sections 552 and 552a of this title.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1215.)

-End-

-CITE-
    5 USC Sec. 7134                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS

-HEAD-
    Sec. 7134. Regulations

-STATUTE-
      The Authority, the General Counsel, the Federal Mediation and
    Conciliation Service, the Assistant Secretary of Labor for Labor
    Management Relations, and the Panel shall each prescribe 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.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1215.)

-End-

-CITE-
    5 USC Sec. 7135                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS

-HEAD-
    Sec. 7135. Continuation of existing laws, recognitions, agreements,
      and procedures

-STATUTE-
      (a) Nothing contained in this chapter shall preclude - 
        (1) the renewal or continuation of an exclusive 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 according of
      recognition for units of management officials or supervisors
      represented by labor organizations which historically or
      traditionally 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 established under and
    decisions issued under Executive 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 specific provisions of this chapter or by regulations
    or decisions issued pursuant to this chapter.

-SOURCE-
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1215.)

-REFTEXT-
                            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.

-End-

-CITE-
    5 USC Secs. 7151 to 7154                                    01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart F - Labor-Management and Employee Relations
    CHAPTER 71 - LABOR-MANAGEMENT RELATIONS
    SUBCHAPTER IV - ADMINISTRATIVE AND OTHER PROVISIONS

-HEAD-
    [Secs. 7151 to 7154. Transferred]

-COD-
                               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, Sec. 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, Sec. 3, Dec. 15, 1971, 85 Stat. 644, which related to
    prohibition respecting employment discrimination because of marital
    status, was renumbered section 7202 of this title by Pub. L. 95-
    454, title VII, Sec. 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.
      Section 7153, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, which
    related to prohibition respecting employment discrimination because
    of physical handicap, was renumbered section 7203 of this title by
    Pub. L. 95-454, title VII, 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.
      Section 7154, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523; Pub.
    L. 90-83, Sec. 1(44), Sept. 11, 1967, 81 Stat. 208; Pub. L. 92-392,
    Sec. 8, Aug. 19, 1972, 86 Stat. 573, which related to prohibition
    respecting discrimination because of race, color, creed, sex, or
    marital status in administration of chapter 51, subchapter III and
    IV of chapter 53, and sections 305 and 3324 of this title, was
    renumbered section 7204 of this title by Pub. L. 95-454, title VII,
    Sec. 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.

-End-