5 U.S.C. § 7101 — Findings and purpose

Page 846 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7101 Sec. SUBCHAPTER IV—ADMINISTRATIVE AND OTHER PROVISIONS 7131. Official time. 7132. Subpenas. 7133. Compilation and publication of data. 7134. Regulations. 7135. Continuation of existing laws, recognitions, agreements, and procedures. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, title VII, §§ 701, 703(a)(2), Oct. 13, 1978, 92 Stat. 1191, 1217, in heading for Subpart F in- serted ‘‘Labor-Management and’’ before ‘‘Employee’’, in heading for chapter 71 substituted ‘‘LABOR-MAN- AGEMENT RELATIONS’’ for ‘‘POLICIES’’, in heading for subchapter I substituted ‘‘GENERAL PROVI- SIONS’’ for ‘‘EMPLOYEE ORGANIZATIONS’’, in item 7101 substituted ‘‘Findings and purpose’’ for ‘‘Right to organize; postal employees’’, in item 7102 substituted ‘‘Employees’ rights’’ for ‘‘Right to petition Congress; employees’’, added items 7103 to 7106, and added sub- chapter II and items 7111 to 7120, subchapter III and items 7121 to 7123, and subchapter IV and items 7131 to 7135. Former subchapter II heading ‘‘ANTIDISCRIMI- NATION IN EMPLOYMENT’’ and items 7151 to 7154, ‘‘Policy’’, ‘‘Marital status’’, ‘‘Physical handicap’’, and ‘‘Other prohibitions’’, respectively, were transferred to subchapter I of chapter 72 and renumbered and amend- ed. SUBCHAPTER I—GENERAL PROVISIONS § 7101. Findings and purpose (a) The Congress finds that— (1) experience in both private and public em- ployment indicates that the statutory protec- tion of the right of employees to organize, bar- gain 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 fa- cilitate and improve employee performance and the efficient accomplishment of the oper- ations 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 pre- scribe certain rights and obligations of the em- ployees of the Federal Government and to estab- lish procedures which are designed to meet the special requirements and needs of the Govern- ment. The provisions of this chapter should be interpreted in a manner consistent with the re- quirement of an effective and efficient Govern- ment. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192.) Editorial Notes PRIOR PROVISIONS A prior section 7101, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523; Pub. L. 91–375, § 6(c)(19), Aug. 12, 1970, 84 Stat. 776, related to right of postal employees to organize, prior to the general amendment of this chapter by Pub. L. 94–454. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. SHORT TITLE This chapter is popularly known as the ‘‘Federal Service Labor-Management Relations Act’’. EMPLOYEE SURVEYS Pub. L. 108–136, div. A, title XI, § 1128, Nov. 24, 2003, 117 Stat. 1641, provided that: ‘‘(a) IN GENERAL.—Each agency shall conduct an an- nual survey of its employees (including survey ques- tions unique to the agency and questions prescribed under subsection (b)) to assess— ‘‘(1) leadership and management practices that con- tribute to agency performance; and ‘‘(2) employee satisfaction with— ‘‘(A) leadership policies and practices; ‘‘(B) work environment; ‘‘(C) rewards and recognition for professional ac- complishment and personal contributions to achieving organizational mission; ‘‘(D) opportunity for professional development and growth; and ‘‘(E) opportunity to contribute to achieving orga- nizational mission. ‘‘(b) REGULATIONS.—The Office of Personnel Manage- ment shall issue regulations prescribing survey ques- tions that should appear on all agency surveys under subsection (a) in order to allow a comparison across agencies. ‘‘(c) AVAILABILITY OF RESULTS.—The results of the agency surveys under subsection (a) shall be made available to the public and posted on the website of the agency involved, unless the head of such agency deter- mines that doing so would jeopardize or negatively im- pact national security. ‘‘(d) AGENCY DEFINED.—For purposes of this section, the term ‘agency’ means an Executive agency (as de- fined by section 105 of title 5, United States Code).’’ Executive Documents EXECUTIVE ORDER NO. 10988 Ex. Ord. No. 10988, Jan. 17, 1962, 27 F.R. 551, which re- lated to employee-management cooperation in the Fed- eral service, was revoked by Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, set out below. EX. ORD. NO. 11491. LABOR-MANAGEMENT RELATIONS IN THE FEDERAL SERVICE Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, as amended by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R. 17319; Ex. Ord. No. 11636, Dec. 17, 1971, 36 F.R. 24901; Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743; Ex. Ord. No. 11901, Jan. 30, 1976, 41 F.R. 4807; Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: WHEREAS the public interest requires high stand- ards of employee performance and the continual devel- opment and implementation of modern and progressive work practices to facilitate improved employee per- formance and efficiency; and WHEREAS the well-being of employees and efficient administration of the Government are benefited by pro- Page 847 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7101 viding employees an opportunity to participate in the formulation and implementation of personnel policies and practices affecting the conditions of their employ- ment; and WHEREAS the participation of employees should be improved through the maintenance of constructive and cooperative relationships between labor organizations and management officials; and WHEREAS subject to law and the paramount require- ments of public service, effective labor-management re- lations within the Federal service require a clear state- ment of the respective rights and obligations of labor organizations and agency management: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, including sections 3301 and 7301 of title 5 of the United States Code and as President of the United States, I hereby direct that the following policies shall govern officers and agencies of the executive branch of the Government in all dealings with Federal employees and organizations representing such employees. GENERAL PROVISIONS SECTION 1. Policy. (a) Each employee of the executive branch of the Federal Government has the right, freely and without fear of penalty or reprisal, to form, join, and assist a labor organization or to refrain from any such activity, and each employee shall be protected in the exercise of this right. Except as otherwise expressly provided in this Order, the right to assist a labor orga- nization extends to participation in the management of the organization and acting for the organization in the capacity of an organization representative, including presentation of its views to officials of the executive branch, the Congress, or other appropriate authority. The head of each agency shall take the action required to assure that employees in the agency are apprised of their rights under this section and that no interference, restraint, coercion, or discrimination is practiced with- in his agency to encourage or discourage membership in a labor organization. (b) Paragraph (a) of this section does not authorize participation in the management of a labor organiza- tion or acting as a representative of such an organiza- tion by a supervisor, except as provided in section 24 of this Order, or by an employee when the participation or activity would result in a conflict or apparent conflict of interest or otherwise be incompatible with law or with the official duties of the employee. SEC. 2. Definitions. When used in this Order, the term— (a) ‘‘Agency’’ means an executive department, a Gov- ernment corporation, and an independent establish- ment as defined in section 104 of title 5, United States Code, except the General Accounting Office [now Gov- ernment Accountability Office]; (b) ‘‘Employee’’ means an employee of an agency and an employee of a nonappropriated fund instrumentality of the United States but does not include, for the pur- pose of exclusive recognition or national consultation rights, a supervisor, except as provided in section 24 of this Order; (c) ‘‘Supervisor’’ means an employee having author- ity, in the interest of an agency, to hire, transfer, sus- pend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the fore- going the exercise of authority is not of a merely rou- tine or clerical nature, but requires the use of inde- pendent judgment; (d) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.] (e) ‘‘Labor organization’’ means a lawful organization of any kind in which employees participate and which exists for the purpose, in whole or in part, of dealing with agencies concerning grievances, personnel policies and practices, or other matters affecting the working conditions of their employees; but does not include an organization which— (1) consists of management officials or supervisors, except as provided in section 24 of this Order; (2) assists or participates in a strike against the Gov- ernment of the United States or any agency thereof, or imposes a duty or obligation to conduct, assist, or par- ticipate in such a strike; (3) advocates the overthrow of the constitutional form of government in the United States; or (4) discriminates with regard to the terms or condi- tions of membership because of race, color, creed, sex, age, or national origin; (f) ‘‘Agency management’’ means the agency head and all management officials, supervisors, and other representatives of management having authority to act for the agency on any matters relating to the imple- mentation of the agency labor-management relations program established under this Order; (g) ‘‘Authority’’ means the Federal Labor Relations Authority; (h) ‘‘Panel’’ means the Federal Service Impasses Panel; (i) ‘‘Assistant Secretary’’ means the Assistant Sec- retary of Labor for Labor Management Relations; and (j) ‘‘General Counsel’’ means the General Counsel of the Authority. SEC. 3. Application. (a) This Order applies to all em- ployees and agencies in the executive branch, except as provided in paragraphs (b), (c) and (d) of this section. (b) This Order (except section 22) does not apply to— (1) the Federal Bureau of Investigation; (2) the Central Intelligence Agency; (3) any other agency, or office, bureau, or entity within an agency, which has as a primary function in- telligence, investigative, or security work, when the head of the agency determines, in his sole judgment, that the Order cannot be applied in a manner con- sistent with national security requirements and consid- erations; or (4) any office, bureau or entity, within an agency which has as a primary function investigation or audit of the conduct or work of officials or employees of the agency for the purpose of ensuring honesty and integ- rity in the discharge of their official duties, when the head of the agency determines, in his sole judgment, that the Order cannot be applied in a manner con- sistent with the internal security of the agency. (5) The Foreign Service of the United States: Depart- ment of State, United States Information Agency and Agency for International Development and its suc- cessor agency or agencies. (6) The Tennessee Valley Authority; or (7) Personnel of the Federal Labor Relations Author- ity (including the Office of the General Counsel and the Federal Service Impasses Panel). (c) The head of an agency may, in his sole judgment, suspend any provision of this Order (except section 22) with respect to any agency installation or activity lo- cated outside the United States, when he determines that this is necessary in the national interest, subject to the conditions he prescribes. (d) Employees engaged in administering a labor-man- agement relations law or this Order who are otherwise authorized by this Order to be represented by a labor organization shall not be represented by a labor organi- zation which also represents other groups of employees under the law or this Order, or which is affiliated di- rectly or indirectly with an organization which rep- resents such a group of employees. ADMINISTRATION SEC. 4. Powers and Duties of the Federal Labor Relations Authority. (a) [Revoked]. (b) The Authority shall administer and interpret this Order, decide major policy issues, and prescribe regula- tions. (c) The Authority shall, subject to its regulations: (1) decide questions as to the appropriate unit for the purpose of exclusive recognition and related issues sub- mitted for its considerations; Page 848 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7101 (2) supervise elections to determine whether a labor organization is the choice of a majority of the employ- ees in an appropriate unit as their exclusive represent- ative, and certify the results; (3) decide questions as to the eligibility of labor orga- nizations for national consultation rights; (4) decide unfair labor practice complaints; and (5) decide questions as to whether a grievance is sub- ject to a negotiated grievance procedure or subject to arbitration under an agreement as provided in Section 13(d) of this Order. (d) The Authority may consider, subject to its regula- tions: (1) appeals on negotiability issues as provided in Sec- tion 11(c) of this Order; (2) exceptions to arbitration awards; (3) appeals from decisions of the Assistant Secretary of Labor for Labor-Management Relations issued pur- suant to Section 6(b) of this Order; and (4) other matters it deems appropriate to assure the effectuation of the purposes of this Order. (e) In any matters arising under subsection (c) and (d)(3) of this Section, the Authority may require an agency or a labor organization to cease and desist from violations of this Order and require it to take such af- firmative action as the Authority considers appropriate to effectuate the policies of this Order. (f) In performing the duties imposed on it by this Sec- tion, the Authority may request and use the services and assistance of employees of other agencies in ac- cordance with Section 1 of the Act of March 4, 1915 (38 Stat. 1084, as amended; 31 U.S.C. 686) [31 U.S.C. 1535]. SEC. 5. Powers and Duties of the Federal Service Im- passes Panel. (a) There is hereby established the Federal Service Impasses Panel as a distinct organizational en- tity within the Authority. The Panel consists of at least three members appointed by the President, one of whom he designates as chairman. The Authority shall provide the services and staff assistance needed by the Panel. (b) The Panel may consider negotiation impasses as provided in section 17 of this Order and may take any action it considers necessary to settle an impasse. (c) The Panel shall prescribe regulations needed to administer its function under this Order. SEC. 6. Powers and Duties of the Office of the General Counsel and the Assistant Secretary of Labor for Labor- Management Relations. (a) The General Counsel is authorized, upon direction by the Authority, to: (1) investigate complaints of violations of Section 19 of this Order; (2) make final decisions as to whether to issue unfair labor practice complaints and prosecute such com- plaints before the Authority; (3) direct and supervise all employees in the Office of General Counsel, including employees of the General Counsel in the regional office of the Authority; (4) perform such other duties as the Authority may prescribe; and (5) prescribe regulations needed to administer his functions under this Order. (b) The Assistant Secretary shall: (1) decide alleged violations of the standards of con- duct for labor organizations, established in Section 18 of this Order; and (2) prescribe regulations needed to administer his functions under this Order. (c) In any matter arising under paragraph (b) of this Section, the Assistant Secretary may require a labor organization to cease and desist from violations of this Order and require it to take such affirmative action as he considers appropriate to effectuate the policies of this Order. (d) In performing the duties imposed on them by this Section, the General Counsel and the Assistant Sec- retary may request and use the services and assistance of employees of other agencies in accordance with Sec- tion 1 of the Act of March 4, 1915 (38 Stat. 1084, as amended; 31 U.S.C. 686) [31 U.S.C. 1535]. RECOGNITION SEC. 7. Recognition in general. (a) An agency shall ac- cord exclusive recognition or national consultation rights at the request of a labor organization which meets the requirements for the recognition or consulta- tion rights under this Order. (b) A labor organization seeking recognition shall submit to the agency a roster of its officers and rep- resentatives, a copy of its constitution and by-laws, and a statement of its objectives. (c) When recognition of a labor organization has been accorded, the recognition continues as long as the orga- nization continues to meet the requirements of this Order applicable to that recognition, except that this section does not require an election to determine whether an organization should become, or continue to be recognized as, exclusive representative of the em- ployees in any unit or subdivision thereof within 12 months after a prior valid election with respect to such unit. (d) Recognition of a labor organization does not— (1) preclude an employee, regardless of whether he is in a unit of exclusive recognition, from exercising grievance or appellate rights established by law or reg- ulation, or from choosing his own representative in a grievance or appellate action, except when the griev- ance is covered under a negotiated procedure as pro- vided in section 13; (2) preclude or restrict consultations and dealings be- tween an agency and a veterans organization with re- spect to matters of particular interest to employees with veterans preference; or (3) preclude an agency from consulting or dealing with a religious, social, fraternal, professional or other lawful association, not qualified as a labor organiza- tion, with respect to matters or policies which involve individual members of the association or are of par- ticular applicability to it or its members. Consulta- tions and dealings under subparagraph (3) of this para- graph shall be so limited that they do not assume the character of formal consultation on matters of general employee-management policy covering employees in that unit or extend to areas where recognition of the interests of one employee group may result in discrimi- nation against or injury to the interests of other em- ployees. (e) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.] (f) Informal recognition or formal recognition shall not be accorded. SEC. 8. [Revoked by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R. 17319.] SEC. 9. National consultation rights. (a) An agency shall accord national consultation rights to a labor organiza- tion which qualifies under criteria established by the Federal Labor Relations Authority as the representa- tive of a substantial number of employees of the agen- cy. National consultation rights shall not be accorded for any unit where a labor organization already holds exclusive recognition at the national level for that unit. The granting of national consultation rights does not preclude an agency from appropriate dealings at the national level with other organizations on matters affecting their members. An agency shall terminate na- tional consultation rights when the labor organization ceases to qualify under the established criteria. (b) When a labor organization has been accorded na- tional consultation rights, the agency, through appro- priate officials, shall notify representatives of the orga- nization of proposed substantive changes in personnel policies that affect employees it represents and provide an opportunity for the organization to comment on the proposed changes. The labor organization may suggest changes in the agency’s personnel policies and have its views carefully considered. It may consult in person at reasonable times, on request, with appropriate officials on personnel policy matters, and at all times present its views thereon in writing. An agency is not required to consult with a labor organization on any matter on Page 849 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7101 which it would not be required to meet and confer if the organization were entitled to exclusive recognition. (c) Questions as to the eligibility of labor organiza- tions for national consultation rights may be referred to the Authority for decision. SEC. 10. Exclusive recognition. (a) An agency shall ac- cord exclusive recognition to a labor organization when the organization has been selected, in a secret ballot election, by a majority of the employees in an appro- priate unit as their representative; provided that this section shall not preclude an agency from according ex- clusive recognition to a labor organization, without an election, where the appropriate unit is established through the consolidation of existing exclusively recog- nized units represented by that organization. (b) A unit may be established on a plant or installa- tion, craft, functional, or other basis which will ensure a clear and identifiable community of interest among the employees concerned and will promote effective dealings and efficiency of agency operations. A unit shall not be established solely on the basis of the ex- tent to which employees in the proposed unit have or- ganized, nor shall a unit be established if it includes— (1) any management official or supervisor, except as provided in section 24; (2) an employee engaged in Federal personnel work in other than a purely clerical capacity; or (3) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.] (4) both professional and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. Questions as to the appro- priate unit and related issues may be referred to the Authority for decision. (c) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.] (d) All elections shall be conducted under the super- vision of the Authority, or persons designated by it, and shall be by secret ballot. Each employee eligible to vote shall be provided the opportunity to choose the labor organization he wishes to represent him, from among those on the ballot, or ‘‘no union’’, except as provided in subparagraph (4) of this paragraph. Elec- tions may be held to determine whether— (1) a labor organization should be recognized as the exclusive representative of employees in a unit; (2) a labor organization should replace another labor organization as the exclusive representative; (3) a labor organization should cease to be the exclu- sive representative; or (4) a labor organization should be recognized as the exclusive representative of employees in a unit com- posed of employees in units currently represented by that labor organization or continue to be recognized in the existing separate units. (e) When a labor organization has been accorded ex- clusive recognition, it is the exclusive representative of employees in the unit and is entitled to act for and to negotiate agreements covering all employees in the unit. It is responsible for representing the interests of all employees in the unit without discrimination and without regard to labor organization membership. The labor organization shall be given the opportunity to be represented at formal discussions between management and employees or employee representatives concerning grievances, personnel policies and practices, or other matters affecting general working conditions of em- ployees in the unit. AGREEMENTS SEC. 11. Negotiation of agreements. (a) An agency and a labor organization that has been accorded exclusive recognition, through appropriate representatives, shall meet at reasonable times and confer in good faith with respect to personnel policies and practices and matters affecting working conditions, so far as may be appro- priate under applicable laws and regulations, including policies set forth in the Federal Personnel Manual; published agency policies and regulations for which a compelling need exists under criteria established by the Federal Labor Relations Authority and which are issued at the agency headquarters level or at the level of a primary national subdivision; a national or other controlling agreement at a higher level in the agency; and this order. They may negotiate an agreement, or any question arising thereunder; determine appropriate techniques, consistent with section 17 of this order, to assist in such negotiation; and execute a written agree- ment or memorandum of understanding. (b) In prescribing regulations relating to personnel policies and practices and working conditions, an agen- cy shall have due regard for the obligation imposed by paragraph (a) of this section. However, the obligation to meet and confer does not include matters with re- spect to the mission of an agency; its budget; its orga- nization; the number of employees; and the numbers, types, and grades of positions or employees assigned to an organizational unit, work project or tour of duty; the technology of performing its work; or its internal security practices. This does not preclude the parties from negotiating agreements providing appropriate ar- rangements for employees adversely affected by the im- pact of realignment of work forces or technological change. (c) If, in connection with negotiations, an issue devel- ops as to whether a proposal is contrary to law, regula- tion, controlling agreement, or this order and therefore not negotiable, it shall be resolved as follows: (1) An issue which involves interpretation of a con- trolling agreement at a higher agency level is resolved under the procedures of the controlling agreement, or, if none, under agency regulations; (2) An issue other than as described in subparagraph (1) of this paragraph which arises at a local level may be referred by either party to the head of the agency for determination; (3) An agency head’s determination as to the inter- pretation of the agency’s regulations with respect to a proposal is final; (4) A labor organization may appeal to the Authority for a decision when— (i) it disagrees with an agency head’s determination that a proposal would violate applicable law, regula- tion of appropriate authority outside the agency, or this order, or (ii) it believes that an agency’s regulations, as inter- preted by the agency head, violate applicable law, regu- lation of appropriate authority outside the agency, or this order, or are not otherwise applicable to bar nego- tiations under paragraph (a) of this section. (d) [Revoked by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055.] SEC. 12. Basic provisions of agreements. Each agreement between an agency and a labor organization is subject to the following requirements— (a) in the administration of all matters covered by the agreement, officials and employees are governed by existing or future laws and the regulations of appro- priate authorities, including policies set forth in the Federal Personnel Manual; by published agency poli- cies and regulations in existence at the time the agree- ment was approved; and by subsequently published agency policies and regulations required by law or by the regulations of appropriate authorities, or author- ized by the terms of a controlling agreement at a high- er agency level; (b) management officials of the agency retain the right, in accordance with applicable laws and regula- tions— (1) to direct employees of the agency; (2) to hire, promote, transfer, assign, and retain em- ployees in positions within the agency, and to suspend, demote, discharge, or take other disciplinary action against employees; (3) to relieve employees from duties because of lack of work or for other legitimate reasons; (4) to maintain the efficiency of the Government op- erations entrusted to them; (5) to determine the methods, means, and personnel by which such operations are to be conducted; and Page 850 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7101 (6) to take whatever actions may be necessary to carry out the mission of the agency in situations of emergency; and (c) nothing in the agreement shall require an em- ployee to become or to remain a member of a labor or- ganization, or to pay money to the organization except pursuant to a voluntary written authorization by a member for the payment of dues through payroll deduc- tions. The requirements of this section shall be ex- pressly stated in the initial or basic agreement and apply to all supplemental, implementing, subsidiary, or informal agreements between the agency and the orga- nization. SEC. 13. Grievance and arbitration procedures. (a) An agreement between an agency and a labor organization shall provide a procedure, applicable only to the unit, for the consideration of grievances. The coverage and scope of the procedure shall be negotiated by the par- ties to the agreement with the exception that it may not cover matters for which a statutory appeal proce- dure exists and so long as it does not otherwise conflict with statute or this order. It shall be the exclusive pro- cedure available to the parties and the employees in the unit for resolving grievances which fall within its coverage. However, any employee or group of employ- ees in the unit may present such grievances to the agency and have them adjusted, without the interven- tion of the exclusive representative, as long as the ad- justment is not inconsistent with the terms of the agreement and the exclusive representative has been given opportunity to be present at the adjustment. (b) A negotiated procedure may provide for arbitra- tion of grievances. Arbitration may be invoked only by the agency or the exclusive representative. Either party may file exceptions to an arbitrator’s award with the Authority, under regulations prescribed by the Au- thority. (c) [Revoked.] (d) Questions that cannot be resolved by the parties as to whether or not a grievance is on a matter for which a statutory appeal procedure exists, shall be re- ferred to the Authority for decision. Other questions as to whether or not a grievance is on a matter subject to the grievance procedure in an existing agreement, or is subject to arbitration under that agreement, may by agreement of the parties be submitted to arbitration or may be referred to the Authority for decision. (e) [Revoked.] SEC. 14. [Revoked by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R. 17319.] SEC. 15. Approval of agreements. An agreement with a labor organization as the exclusive representative of employees in a unit is subject to the approval of the head of the agency or an official designated by him. An agreement shall be approved within forty-five days from the date of its execution if it conforms to applica- ble laws, the order, existing published agency policies and regulations (unless the agency has granted an ex- ception to a policy or regulation) and regulations of other appropriate authorities. An agreement which has not been approved or disapproved within forty-five days from the date of its execution shall go into effect with- out the required approval of the agency head and shall be binding on the parties subject to the provisions of law, the order and the regulations of appropriate au- thorities outside the agency. A local agreement subject to a national or other controlling agreement at a high- er level shall be approved under the procedures of the controlling agreement, or, if none, under agency regu- lations. NEGOTIATION DISPUTES AND IMPASSES SEC. 16. Negotiation disputes. The Federal Mediation and Conciliation Service shall provide services and as- sistance to Federal agencies and labor organizations in the resolution of negotiation disputes. The Service shall determine under what circumstances and in what manner it shall proffer its services. SEC. 17. Negotiation impasses. When voluntary arrange- ments, including the services of the Federal Mediation and Conciliation Service or other third-party medi- ation, fail to resolve a negotiation impasse, either party may request the Federal Service Impasses Panel to consider the matter. The Panel, in its discretion and under the regulations it prescribes, may consider the matter and may recommend procedures to the parties for the resolution of the impasse or may settle the im- passe by appropriate action. Arbitration or third-party fact finding with recommendations to assist in the res- olution of an impasse may be used by the parties only when authorized or directed by the Panel. CONDUCT OF LABOR ORGANIZATIONS AND MANAGEMENT SEC. 18. Standards of conduct for labor organizations. (a) An agency shall accord recognition only to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles. Ex- cept as provided in paragraph (b) of this section, an or- ganization is not required to prove that it has the re- quired freedom when it is subject to governing require- ments 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 provi- sions 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 pro- visions defining and securing the right of individual members to participation in the affairs of the organiza- tion, to fair and equal treatment under the governing rules of the organization, and to fair process in discipli- nary proceedings; (2) the exclusion from office in the organization of persons affiliated with Communist or other totali- tarian movements and persons identified with corrupt influences; (3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members; and (4) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provision for accounting and financial controls and regular finan- cial reports or summaries to be made available to members. (b) Notwithstanding the fact that a labor organiza- tion has adopted or subscribed to standards of conduct as provided in paragraph (a) of this section, the organi- zation is required to furnish evidence of its freedom from corrupt influences or influences opposed to basic democratic principles when there is reasonable cause to believe that— (1) the organization has been suspended or expelled from or is subject to other sanction by a parent labor organization or federation of organizations with which it had been affiliated because it has demonstrated an unwillingness or inability to comply with governing re- quirements comparable in purpose to those required by paragraph (a) of this section; or (2) the organization is in fact subject to influences that would preclude recognition under this Order. (c) A labor organization which has or seeks recogni- tion as a representative of employees under this Order shall file financial and other reports, provide for bond- ing of officials and employees of the organization, and comply with trusteeship and election standards. (d) The Assistant Secretary shall prescribe the regu- lations needed to effectuate this section. These regula- tions shall conform generally to the principles applied to unions in the private sector. Complaints of viola- tions of this section shall be filed with the Assistant Secretary. SEC. 19. Unfair labor practices. (a) Agency management shall not— (1) interfere with, restrain, or coerce an employee in the exercise of the rights assured by this Order; (2) encourage or discourage membership in a labor or- ganization by discrimination in regard to hiring, ten- ure, promotion, or other conditions of employment; Page 851 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7101 (3) sponsor, control, or otherwise assist a labor orga- nization, except that an agency may furnish customary and routine services and facilities under section 23 of this Order when consistent with the best interests of the agency, its employees, and the organization, and when the services and facilities are furnished, if re- quested, on an impartial basis to organizations having equivalent status; (4) discipline or otherwise discriminate against an employee because he has filed a complaint or given tes- timony under this Order; (5) refuse to accord appropriate recognition to a labor organization qualified for such recognition; or (6) refuse to consult, confer, or negotiate with a labor organization as required by this Order. (b) A labor organization shall not— (1) interfere with, restrain, or coerce an employee in the exercise of his rights assured by this Order; (2) attempt to induce agency management to coerce an employee in the exercise of his rights under this Order; (3) coerce, attempt to coerce, or discipline, fine, or take other economic sanction against a member of the organization as punishment or reprisal for, or for the purpose of hindering or impeding his work perform- ance, his productivity, or the discharge of his duties owed as an officer or employee of the United States; (4) call or engage in a strike, work stoppage, or slow- down; picket an agency in a labor-management dispute; or condone any such activity by failing to take affirma- tive action to prevent or stop it; (5) discriminate against an employee with regard to the terms or conditions of membership because of race, color, creed, sex, age, or national origin; or (6) refuse to consult, confer, or negotiate with an agency as required by this Order. (c) A labor organization which is accorded exclusive recognition shall not deny membership to any em- ployee in the appropriate unit except for failure to meet reasonable occupational standards uniformly re- quired for admission, or for failure to tender initiation fees and dues uniformly required as a condition of ac- quiring and retaining membership. This paragraph does not preclude a labor organization from enforcing dis- cipline in accordance with procedures under its con- stitution or by-laws which conform to the requirements of this Order. (d) Issues which can properly be raised under an ap- peals procedure may not be raised under this section. Issues which can be raised under a grievance procedure may, in the discretion of the aggrieved party, be raised under that procedure or the complaint procedure under this section, but not under both procedures. Appeals or grievance decisions shall not be construed as unfair labor practice decisions under this Order nor as prece- dent for such decisions. All complaints under this sec- tion that cannot be resolved by the parties shall be filed with the Authority. MISCELLANEOUS PROVISIONS SEC. 20. Use of official time. Solicitation of member- ship or dues, and other internal business of a labor or- ganization, shall be conducted during the non-duty hours of the employees concerned. Employees who rep- resent a recognized labor organization shall not be on official time when negotiating an agreement with agen- cy management, except to the extent that the negoti- ating parties agree to other arrangements which may provide that the agency will either authorize official time for up to 40 hours or authorize up to one-half the time spent in negotiations during regular working hours, for a reasonable number of employees, which number normally shall not exceed the number of man- agement representatives. SEC. 21. Allotment of dues. (a) When a labor organiza- tion holds formal or exclusive recognition, and the agency and the organization agree in writing to this course of action, an agency may deduct the regular and periodic dues of the organization from the pay of mem- bers of the organization in the unit of recognition who make a voluntary allotment for that purpose, and shall recover the costs of making the deductions. Such an al- lotment is subject to the regulations of the Office of Personnel Management, which shall include provision for the employee to revoke his authorization at stated six-month intervals. Such an allotment terminates when— (1) the dues withholding agreement between the agen- cy and the labor organization is terminated or ceases to be applicable to the employee; or (2) the employee has been suspended or expelled from the labor organization. (b) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.] SEC. 22. Adverse action appeals. The head of each agen- cy, in accordance with the provisions of this Order and regulations prescribed by the Office of Personnel Man- agement, shall extend to all employees in the competi- tive civil service rights identical in adverse action cases to those provided preference eligibles under sec- tions 7511–7512 of title 5 of the United States Code. Each employee in the competitive service shall have the right to appeal to the Merit Systems Protection Board from an adverse decision of the administrative officer so acting, such appeal to be processed in an identical manner to that provided for appeals under section 7701 of title 5 of the United States Code. Any recommenda- tion by the Merit Systems Protection Board submitted to the head of an agency on the basis of an appeal by an employee in the competitive service shall be com- plied with by the head of the agency. SEC. 23. Agency implementation. No later than April 1, 1970, each agency shall issue appropriate policies and regulations consistent with this Order for its imple- mentation. This includes but is not limited to a clear statement of the rights of its employees under this Order; procedures with respect to recognition of labor organizations, determination of appropriate units, con- sultation and negotiation with labor organizations, ap- proval of agreements, mediation, and impasse resolu- tion; policies with respect to the use of agency facili- ties by labor organizations; and policies and practices regarding consultation with other organizations and associations and individual employees. Insofar as prac- ticable, agencies shall consult with representatives of labor organizations in the formulation of these policies and regulations. SEC. 24. Savings clauses. (a) This Order does not pre- clude— (1) the renewal or continuation of a lawful agreement between an agency and a representative of its employ- ees entered into before the effective date of Executive Order No. 10988 (January 17, 1962); or (2) the renewal, continuation, or initial according of recognition for units of management officials or super- visors represented by labor organizations which histori- cally or traditionally represent the management offi- cials or supervisors in private industry and which hold exclusive recognition for units of such officials or su- pervisors in any agency on the date of this Order. (b) All grants of informal recognition under Execu- tive Order No. 10988 terminate on July 1, 1970. (c) All grants of formal recognition under Executive Order No. 10988 terminate under regulations which the Federal Labor Relations Council shall issue before Oc- tober 1, 1970. (d) By not later than December 31, 1970, all super- visors shall be excluded from units of formal and exclu- sive recognition and from coverage by negotiated agreements, except as provided in paragraph (a) of this section. SEC. 25. Guidance, training, review and information. (a) The Office of Personnel Management, in conjunction with the Director of the Office of Management and Budget, shall establish and maintain a program for the policy guidance of agencies on labor-management rela- tions in the Federal service and shall periodically re- view the implementation of these policies. The Office of Personnel Management shall be responsible for the day-to-day policy guidance under that program. The Page 852 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7102 Office of Personnel Management also shall continu- ously review the operation of the Federal labor-man- agement relations program to assist in assuring adher- ence to its provisions and merit system requirements; implement technical advice and information programs for the agencies; assist in the development of programs for training agency personnel and management offi- cials in labor-management relations; and, from time to time, report to the Authority on the state of the pro- gram with any recommendations for its improvement. (b) The Office of Personnel Management shall develop programs for the collection and dissemination of infor- mation appropriate to the needs of agencies, organiza- tions and the public. SEC. 26. Effective date. This Order is effective on Janu- ary 1, 1970, except sections 7(f) and 8 which are effective immediately. Effective January 1, 1970, Executive Order No. 10988 and the President’s Memorandum of May 21, 1963, entitled Standards of Conduct for Em- ployee Organizations and Code of Fair Labor Practices, are revoked. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] EXECUTIVE ORDER NO. 12871 Ex. Ord. No. 12871, Oct. 1, 1993, 58 F.R. 52201, as amended by Ex. Ord. No. 12983, Dec. 21, 1995, 60 F.R. 66855; Ex. Ord. No. 13156, § 1, May 17, 2000, 65 F.R. 31785, which established the National Partnership Council and required the head of certain Government agencies to implement labor-management partnerships to help reform Government, was revoked by Ex. Ord. No. 13203, Feb. 17, 2001, 66 F.R. 11227. EXECUTIVE ORDER NO. 13522 Ex. Ord. No. 13522, Dec. 9, 2009, 74 F.R. 66203, which re- lated to the establishment of the National Council on Federal Labor-Management Relations and implementa- tion of labor-management forums, was revoked by Ex. Ord. No. 13812, Sept. 29, 2017, 82 F.R. 46367. Ex. Ord. No. 13812 was revoked, and Ex. Ord. No. 13522 was super- seded, by Ex. Ord. No. 14119, §§ 6(a), 7(a), Mar. 6, 2024, 89 F.R. 17268, 17269, set out in a note under section 50 of Title 29, Labor. EXTENSION OF TERM OF NATIONAL COUNCIL ON FEDERAL LABOR-MANAGEMENT RELATIONS Term of National Council on Federal Labor-Manage- ment Relations extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of this title. Previous extensions of term of National Council on Federal Labor-Management Relations were contained in the following prior Executive Orders: Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, ex- tended term until Sept. 30, 2013. EXTENSION OF TERM OF U.S. GENERAL SERVICES ADMIN- ISTRATION LABOR-MANAGEMENT RELATIONS COUNCIL Term of U.S. General Services Administration Labor- Management Relations Council extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of this title. EXECUTIVE ORDER NO. 13836 Ex. Ord. No. 13836, May 25, 2018, 83 F.R. 25329, which related to Federal sector collective bargaining, was re- voked by Ex. Ord. No. 14003, § 3(a), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. EXECUTIVE ORDERS 13836, 13837, AND 13839 Memorandum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, which related to adherence to cer- tain collective bargaining agreements, was revoked by Ex. Ord. No. 14003, § 3(d), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. § 7102. Employees’ rights Each employee shall have the right to form, join, or assist any labor organization, or to re- frain 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 ca- pacity 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 appro- priate authorities, and (2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192.) Editorial Notes PRIOR PROVISIONS A prior section 7102, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, related to right of employees to petition Con- gress, prior to the general amendment of this chapter by Pub. L. 95–454. See section 7211 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR- MANAGEMENT RELATIONS Par. (2) of this section suspended with respect to any matter proposed for bargaining which would substan- tially impair the implementation by the United States Forces of any treaty or agreement, including any min- utes or understandings thereto, between the United States and the Government of the host nation, see sec- tion 1(b) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title. § 7103. Definitions; application (a) For the purpose of this chapter— (1) ‘‘person’’ means an individual, labor or- ganization, 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 substan- tially equivalent employment, as deter- mined 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