THE FEDERAL SERVICE 

LABOR-MANAGEMENT 

RELATIONS STATUTE

THE BACK PAY ACT

Federal Labor Relations Authority
Subchapter I—General Provisions

§ 7101. Findings and purpose

(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. 

 
§ 7102. Employees’ rights

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.

 
§ 7103. Definitions; application

(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 Publishing Office, and the 

Smithsonian Institution, 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.

 
§ 7104. Federal Labor Relations 

Authority

(a) The Federal Labor Relations Authority is 

composed of three members, not more than 2 of 

whom may be adherents of the same political party. 

No member shall engage in any other business or 

employment or hold another office or position in the 

Government of the United States except as otherwise 

provided by law.

 

(b) Members of the Authority shall be 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. 
§ 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) 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 

subpoenas 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. 
§ 7106. Management rights

(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. 

 
Subchapter II—Rights and Duties of 

Agencies and Labor Organizations

§ 7111. Exclusive recognition of labor 

organizations

(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 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. 
§ 7112. Determination of appropriate 

units for labor organization 

representation

(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.
§ 7113. National consultation rights

(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. 

 
§ 7114. Representation rights and duties

(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. 

 
§ 7115. Allotments to representatives

(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. 

 
§ 7116. Unfair labor practices

(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. 

 
§ 7117. Duty to bargain in good faith; 

compelling need; duty to consult

(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 therefor 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. 

 
§ 7118. Prevention of unfair labor 

practices

(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.

 
§ 7119. Negotiation impasses; Federal 

Service Impasses Panel

(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 

subpoenas 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.

 
§ 7120. Standards of conduct for labor 

organizations

(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. 

 
Subchapter III—Grievances, Appeals, 

and Review

§ 7121. Grievance procedures

(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.

 
§ 7122. Exceptions to arbitral awards

(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).

 
§ 7123. Judicial review; enforcement

(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. 

 
Subchapter IV—Administrative and 

Other Provisions

§ 7131. Official time

(a) Any employee representing an exclusive 

representative in the negotiation of a collective 

bargaining agreement under this chapter shall be 

authorized official time for such purposes, 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.

 
§ 7132. Subpoenas

(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 subpoenas 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 subpoena 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 

subpoena issued under subsection (a)(1) of this 

section, the United States district court for the 

judicial district in which the person to whom the 

subpoena 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 subpoena) shall be paid the same fee and 

mileage allowances which are paid subpoenaed 

witnesses in the courts of the United States.

 
§ 7133. Compilation and publication of 

data

(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.
§ 7134. Regulations

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. 
§ 7135. Continuation of existing laws, 

recognitions, agreements, and 

procedures

(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 
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.

 
Title 5 of the United States Code

Government Organization and

Employees Part III – Employees

Subpart D – Pay and Allowances

Chapter 55 – Pay Administration

Subchapter IX – Severance Pay and 

Back Pay

§ 5596. Back pay due to unjustified 

personnel action

(a) For the purpose of this section, “agency” means--

 

(1) an Executive agency;

 

(2) the Administrative Office of the United States 

Courts, the Federal Judicial Center, and the courts 

named by section 610 of title 28; 

 

(3) the Library of Congress; 

 

(4) the Government Publishing Office; 

 

(5) the government of the District of Columbia;
 

(6) the Architect of the Capitol, including 

employees of the United States Senate Restaurants; 

and 

 

(7) the United States Botanic Garden.

 

(b)(1) An employee of an agency who, on the basis 

of a timely appeal or an administrative determination 

(including a decision relating to an unfair labor 

practice or a grievance) is found by appropriate 

authority under applicable law, rule, regulation, or 

collective bargaining agreement, to have been 

affected by an unjustified or unwarranted personnel 

action which has resulted in the withdrawal or 

reduction of all or part of the pay, allowances, or 

differentials of the employee--

 

(A) is entitled, on correction of the personnel 

action, to receive for the period for which the 

personnel action was in effect--

 

(i) an amount equal to all or any part of the pay, 

allowances, or differentials, as applicable which 
the employee normally would have earned or 

received during the period if the personnel action 

had not occurred, less any amounts earned by the 

employee through other employment during that 

period; and

 

(ii) reasonable attorney fees related to the 

personnel action which, with respect to any 

decision relating to an unfair labor practice or a 

grievance processed under a procedure negotiated 

in accordance with chapter 71 of this title, or 

under chapter 11 of title I of the Foreign Service 

Act of 1980, shall be awarded in accordance with 

standards established under section 7701(g) of 

this title; and

 

(B) for all purposes, is deemed to have performed 

service for the agency during that period, except 

that--

 

(i) annual leave restored under this paragraph 

which is in excess of the maximum leave 

accumulation permitted by law shall be credited to 

a separate leave account for the employee and 
shall be available for use by the employee within 

the time limits prescribed by regulations of the 

Office of Personnel Management, and

 

(ii) annual leave credited under clause (i) of this 

subparagraph but unused and still available to the 

employee under regulations prescribed by the 

Office shall be included in the lump-sum payment 

under section 5551 or 5552(1) of this title but may 

not be retained to the credit of the employee under 

section 5552(2) of this title. 

 

(2)(A) An amount payable under paragraph (1)(A)(i) 

of this subsection shall be payable with interest. 

 

(B) Such interest--

 

(i) shall be computed for the period beginning on 

the effective date of the withdrawal or reduction 

involved and ending on a date not more than 30 

days before the date on which payment is made; 

 

(ii) shall be computed at the rate or rates in effect 

under 
Code of 1986 during the period described in clause 

(i); and

 

(iii) shall be compounded daily. 

 

(C) Interest under this paragraph shall be paid out of 

amounts available for payments under paragraph (1) 

of this subsection. 

 

(3) This subsection does not apply to any 

reclassification action nor authorize the setting aside 

of an otherwise proper promotion by a selecting 

official from a group of properly ranked and certified 

candidates.

 

(4) The pay, allowances, or differentials granted 

under this section for the period for which an 

unjustified or unwarranted personnel action was in 

effect shall not exceed that authorized by the 

applicable law, rule, regulations, or collective 

bargaining agreement under which the unjustified or 

unwarranted personnel action is found, except that in 

no case may pay, allowances, or differentials be 

granted under this section for a period beginning 
more than 6 years before the date of the filing of a 

timely appeal or, absent such filing, the date of the 

administrative determination.

 

(5) For the purpose of this subsection, “grievance” 

and “collective bargaining agreement” have the 

meanings set forth in section 7103 of this title and 

(with respect to members of the Foreign Service) in 

sections 1101 and 1002 of the Foreign Service Act of 

1980, “unfair labor practice” means an unfair labor 

practice described in section 7116 of this title and 

(with respect to members of the Foreign Service) in 

section 1015 of the Foreign Service Act of 1980, and 

“personnel action” includes the omission or failure 

to take an action or confer a benefit.

 

(c) The Office of Personnel Management shall 

prescribe regulations to carry out this section. 

However, the regulations are not applicable to the 

Tennessee Valley Authority and its employees, or to 

the agencies specified in subsection (a)(2) of this 

section.