7111. Exclusive recognition of labor organizations. 7112. Determination of appropriate units for labor organization representation. 7113. National consultation rights. 7114. Representation rights and duties. 7115. Allotments to representatives. 7116. Unfair labor practices. 7117. Duty to bargain in good faith; compelling need; duty to consult. 7118. Prevention of unfair labor practices. 7119. Negotiation impasses; Federal Service Impasses Panel. 7120. Standards of conduct for labor organizations. SUBCHAPTER III-GRIEVANCES, APPEALS, AND REVIEW 7121. Grievance procedures. 7122. Exceptions to arbitral awards. 7123. Judicial review; enforcement. SUBCHAPTER IV-ADMINISTRATIVE AND OTHER PROVISIONS 7131. Official time. 7132. Subpenas. 7133. Compilation and publication of data. 7134. Regulations. 7135. Continuation of existing laws, recognitions, agreements, and procedures. (339) 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. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1192.) § 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. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1192.) § 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 United States International Development Cooperation Agency, 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. Veterans' Administration), the Library of Congress, and the Government Printing Office, but does not include (A) the General Accounting Office; (B) the Federal Bureau of Investigation; (F) the Federal Labor Relations Authority; or (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; 76-352 0 - 81 - 9 (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 de scribed 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 emplovees 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 emplovee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labormanagement relations: (14) "conditions of employment" means personnel policies, practices, and matters, whether established by rule, regulation. 343 or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters (A) relating to political activities prohibited under sub- (B) relating to the classification of any position; or (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. |