O F F I C E O F C O M P L I A N C E — A D VA N C I N G 

W O R K P L A C E R I G H T S , S A F E T Y, H E A LT H , A N D 

A C C E S S I B I L I T Y I N T H E L E G I S L AT I V E B R A N C H

www.compliance.gov

LABOR REPRESENTATION

C O L L E C T I V E B A R G A I N I N G 

R I G H T S I N T H E 

C O N G R E S S I O N A L W O R K P L AC E

THE CONGRESSIONAL 

ACCOUNTABILITY ACT OF 1995 

(CAA) APPLIES EMPLOYMENT, LABOR, 

SAFETY, HEALTH, AND ACCESSIBILITY 

LAWS TO THE LEGISLATIVE BRANCH, 

WHICH INCLUDES CONGRESS AND 

ITS AGENCIES. UNDER THESE LAWS, THE CAA 

PROVIDES CONGRESSIONAL EMPLOYEES WITH 

MANY OF THE SAME RIGHTS AND PROTECTIONS 

AS EMPLOYEES IN THE PRIVATE SECTOR AND THE 

FEDERAL EXECUTIVE BRANCH. 

WITH REGARD TO LABOR RIGHTS, THE CAA GRANTS 

CERTAIN LEGISLATIVE BRANCH EMPLOYEES THE 

RIGHT TO JOIN A LABOR ORGANIZATION FOR THE 

PURPOSE OF COLLECTIVE BARGAINING UNDER 

CHAPTER 71 OF THE FEDERAL SERVICES LABORMANAGEMENT RELATIONS ACT. THE CAA PROTECTS 

THESE EMPLOYEES’ RIGHTS TO FORM, JOIN, OR 

ASSIST A LABOR ORGANIZATION WITHOUT FEAR OF 

PENALTY OR REPRISAL. THE RIGHTS OF EMPLOYEES 

WHO CHOOSE NOT TO JOIN OR PARTICIPATE IN A 

LABOR ORGANIZATION ARE ALSO PROTECTED.
WHO IS ELIGIBLE FOR LABOR 

REPRESENTATION?

Certain employees of the Office of the Architect of 

the Capitol, the Office of the Attending Physician, the 

Office of Congressional Accessibility Services, and the 

United States Capitol Police are eligible to form or join 

a labor organization. Not all Congressional employees 

are permitted to seek representation through a labor 

organization. For example, managers and supervisors cannot 

be represented by a labor organization. Employees of certain 

other offices, including the personal staff of Members of 

Congress and the staff of Congressional committees, are 

also not currently eligible for representation. 

SEEKING REPRESENTATION BY 

A LABOR ORGANIZATION

If employees of a particular employing office would like 

to have a labor organization represent them, a labor 

organization must first file a representation petition 

with the Office of Compliance (OOC). This petition 

must show that at least 30 percent of employees of an 

appropriate bargaining unit wish to be represented for 

the purpose of collective bargaining by an exclusive 

representative.

If the OOC certifies the validity of the signatures on 

the petition, an election will be held so that employees 

can vote to choose whether or not to join the labor 

organization. After the initial petition is filed, any 

other labor organization can gain a place on the ballot 

by filing a petition showing they are supported by at 

least 10 percent of employees in the bargaining unit. 

Employees will have the opportunity to choose which 

labor organization they would like to represent them.

Labor representation elections are held at a time and in a 

manner agreed to by both the labor organization and the 

employing office. The election is conducted and overseen 

by the OOC. If a majority of the voting employees vote 

to be represented by a particular labor organization, 

the Board of Directors of the OOC will certify the labor 

organization as the employees’ exclusive representative.
EMPLOYEE AND EMPLOYER 

OBLIGATIONS

Upon the certification of a labor organization as an 

exclusive bargaining representative, an employing 

office is under an obligation to recognize the 

labor organization as the bargaining agent of its 

employees. The employing office and the labor 

organization are required to negotiate in good faith 

over terms and conditions of employment, in order 

to reach a collective bargaining agreement.

As the exclusive representative of employees, a 

labor organization has both the right and the 

obligation to negotiate in good faith with an 

employing office over conditions of employment.

A labor organization is responsible for representing 

the interests of all employees in the unit it 

represents, regardless of whether an employee 

is a member of the union. 

WHAT IS COLLECTIVE 

BARGAINING?

“Collective bargaining” is the performance of the 

mutual obligation of the employing office and the 

exclusive representative of employees to meet at 

reasonable times and consult and bargain in a good 

faith effort to reach agreement on personnel policies, 

practices, and matters affecting working conditions. 

UNFAIR LABOR PRACTICES

The CAA prohibits many types of unfair labor 

practices by both employing offices and labor 

organizations.

Employing offices are prohibited from:

• Interfering with, restraining, coercing, or taking 

reprisals against employees in the exercise of the 

labor organizing rights provided by the CAA

• Encouraging or discouraging membership in 

a particular labor organization

• Refusing to consult or negotiate in good faith 

with a labor organization over terms and 

conditions of employment
Labor organizations are prohibited from:

• Interfering with, restraining, coercing, or taking 

reprisals against employees in the exercise of their 

labor organizing rights provided by the CAA

• Discriminating 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

• Refusing to consult or negotiate in good faith 

with an employing office

• Going on strike

This is not a complete list of prohibited labor 

practices. Please contact the OOC or visit its 

website for further information on labor practices 

prohibited by the CAA. 

DISPUTE RESOLUTION FOR 

VIOLATIONS OF FEDERAL 

LABOR LAWS 

An employing office, a labor organization, or an 

individual may file an unfair labor practice charge 

with the General Counsel of the OOC. The General 

Counsel investigates and prosecutes unfair labor 

practice charges before a hearing officer and the 

OOC Board of Directors. The charge must be filed 

within six months from the date the alleged unfair 

labor practice occurred. 

The Board of Directors of the OOC has the authority 

to issue final decisions on union representation 

and elections issues, questions of arbitrability, and 

exceptions to arbitrator’s awards. The Board also 

serves as the appellate body for hearing officer 

decisions on unfair labor practice complaints.

FOR FURTHER INFORMATION

This pamphlet is a basic guide to the CAA’s labor 

rights provisions. For more information about the 

CAA and labor rights, please contact the OOC.

Information is also available online at 

www.compliance.gov.
Who can file an unfair 

labor practice charge?

An employing office 

An organization 

representing workers

An employee covered by the 

labor provisions of the CAA*

GC investigates 

the charge to determine 

whether to

 issue a complaint

If a complaint issues, 

it is assigned to a 

hearing officer for 

hearing and decision

Appeal to the Board 

of Directors

If no complaint 

issues, charge is 

dismissed by GC or 

withdrawn by party. 

No right of appeal

Appeal to the U.S. 

Court of 

Appeals for the 

Federal Circuit

*Not all Congressional employees are 

 covered by Chapter 71 of the Federal Service 

 Labor-Management Relations Act.

DISPUTE RESOLUTION FOR UNFAIR 

LABOR PRACTICE CHARGES
O F F I C E O F C O M P L I A N C E

1 1 0 2 N D S T , S E R O O M L A — 2 0 0

W A S H I N G T O N , D . C . 2 0 5 4 0 - 1 9 9 9

T : 2 0 2 - 7 2 4 - 9 2 5 0

F : 2 0 2 - 4 2 6 - 1 9 1 3

T D D : 2 0 2 - 4 2 6 - 1 9 1 2

R E C O R D E D I N F O R M AT I O N L I N E : 2 0 2 - 7 2 4 - 9 2 6 0

W W W . C O M P L I A N C E . G O V

This information does not constitute advice or an official ruling of the Office 

of Compliance or the Board of Directors and is intended for educational 

purposes only. For further information, please refer to the Congressional 

AccountabilityAct (2 U.S.C 1301 et seq.) and the regulations issued by the 

Board, or you may contact the Office of Compliance. 

THE OFFICE OF COMPLIANCE (OOC) ADVANCES 

WORKPLACE RIGHTS, SAFETY, HEALTH, AND 

ACCESSIBILITY IN THE LEGISLATIVE BRANCH, WHICH 

INCLUDES CONGRESS AND ITS AGENCIES. ESTABLISHED 

AS AN INDEPENDENT AGENCY BY THE CONGRESSIONAL 

ACCOUNTABILITY ACT OF 1995 (CAA), THE OOC 

EDUCATES EMPLOYEES AND EMPLOYING OFFICES ABOUT 

THEIR RIGHTS AND RESPONSIBILITIES UNDER THE 

CAA, PROVIDES AN IMPARTIAL DISPUTE RESOLUTION 

PROCESS, AND INVESTIGATES AND REMEDIES 

VIOLATIONS OF THE CAA.