Jump to Navigation

# FLRA.gov

RSS FEEDS

## Search form

Menu

eFilingAvailable Here

            -  **Home 
            -              About            -              Introduction to the FLRA           
-              Mission           
-              Budget & Performance           
-              Organizational Chart           
-              FLRA Leadership           
-              Press Releases           
-              Public Affairs           
-              FLRA Job Postings           
Our Mission
Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.  
Feedback about www.FLRA.gov
Let us know what you think about our new and improved website by emailing us at EngagetheFLRA@flra.gov.
 
            -              Components & Offices            -              Components            -              The Authority           
-              Office of the General Counsel           
-              The Federal Service Impasses Panel           
 
-              Offices            -              Office of Administrative Law Judges           
-              Collaboration and Alternative Dispute Resolution Office (CADRO)           
-              Office of Case Intake and Publication           
-              Office of the Executive Director           
-              Office of Inspector General           
-              Office of the Solicitor           
 
Is the FLRA hiring?
Find a listing of all of the FLRA's current job openings.    
Contact Us
Find a listing of FLRA contacts that you can call for more information.  
 
            -              Case Types            -              File a Case           
-              Unfair Labor Practice           
-              Representation           
-              Arbitration           
-              Negotiability           
-              Negotiation Impasse           
-              Other Types           
Ready to file a case?
Find everything you need to know about filing a case with the FLRA.    
  
            -              Decisions            -              Authority Decisions           
-              Administrative Law Judges Decisions           
-              Federal Service Impasses Panel Decisions           
-              Solicitor's Briefs and Court Decisions           
-              Archival Decisions, Legislative History, & Foreign Service Decisions           
-              Quarterly Digest of Authority Decisions           
Quarterly Digest of Authority Decisions
Case digests provide a brief synopsis of the most pertinent principles in merits decisions issued by the Authority. 
Archival Decisions
Find historical decisions of the Assistant Secretary of Labor for Labor-Management Relations and the Federal Labor Relations Council, as well as Foreign Service Labor Relations Board decisions.  
Legislative History 
View the legislative history of the Federal Service Labor-Management Relations Statute, the Civil Service Reform Act, and the Foreign Service Act.
 
            -              Resources & Training            -              Resources            -              Quarterly Digest of Authority Decisions           
-              The Statute & Regulations           
-              Information by Case Type           
-              Policy Statements           
-              Guides & Manuals           
-              Forms & Checklists           
 
-              Training            -              Upcoming FLRA Training           
-              Training Contacts           
-              FLRA on YouTube           
-              Course Materials           
-              Video Training           
-              Customer Feedback           
 
FLRA Training on YouTube
Watch free online FLRA trainings on our Youtube channel and don’t forget to subscribe to receive updates on new videos.
  

## You are here

          - Home
          - Resources & Training
          - Resources
          - The Statute & Regulations
          - Statute
          - Subchapter  I -- GENERAL PROVISIONS
          - The Statute: § 7105.   Powers and duties of the Authority

# The Statute: § 7105.   Powers and duties of the Authority

**(a)(1)**     The Authority shall provide leadership in establishing policies and guidance relating to matters under this chapter, and, except as 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)**     resolve 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.

### In This Section

              - § 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

### Federal Labor Relations Authority

1400 K Street, NWWashington, DC 20424 771-444-5801

### Footer Menu Col1

              - Home
              - About Us
              - Components & Offices
              - Contact Us

### Footer Menu Col2

              - Case Types
              - Decisions
              - Resources & Training

### Promo Menu Block

eFilingAvailable Here

### Footer Secondary Menu

              - FOIA
              - Inspector General
              - No FEAR Act & EEO
              - Whistleblower Protection
              - Vulnerability Disclosure
              - OpenGov
              - 508 Compliance
              - Privacy Policy