Title 5Government Organization and EmployeesRelease 119-73

§7104 Federal Labor Relations Authority

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart F— - Labor-Management and Employee Relations › Chapter CHAPTER 71— - LABOR-MANAGEMENT RELATIONS › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 7104

Last updated Apr 6, 2026|Official source

Summary

Creates the Federal Labor Relations Authority with three members. No more than two can be from the same political party. Members must not hold other jobs or other government offices unless a law allows it. The President picks members with the Senate’s approval. The President names one member as Chairman who runs the Authority. Members serve 5-year terms and fill any vacancy only for the rest of the term. A member stays in office until their successor starts or until the last day of the Congress that begins after their term would have ended. A member can be removed only after notice and a hearing, and only for poor performance, failing to do duties, or wrongdoing. If one seat is empty, the others still have full power. Each year the Authority must send the President a report for Congress listing the cases it heard and the decisions it made. The General Counsel is also picked by the President with Senate approval for a 5-year term and can be removed by the President at any time. The General Counsel must not hold another government office. The General Counsel can investigate alleged unfair labor practices, file and pursue complaints, and carry out other duties the Authority gives. The General Counsel directly manages all staff in that office, including regional office employees.

Full Legal Text

Title 5, §7104

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (b). Pub. L. 98–224, § 3(a), inserted provision directing that Chairman be chief executive and administrative officer. Subsec. (c). Pub. L. 98–224, § 3(b), substituted provision that a member of Authority be appointed for a term of 5 years and an individual chosen to fill a vacancy be appointed for unexpired term of member replaced for provision that one original member of Authority be appointed for a term of 1 year, one for a term of 3 years, and Chairman for a term of 5 years, and thereafter each member be appointed for a term of 5 years.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an

Effective Date

of 1978 Amendment note under section 1101 of this title. Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsection (e) of this section relating to transmittal to Congress of an annual report on cases heard and decisions rendered, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 171 of House Document No. 103–7.

Executive Documents

Delegation of Certain Reporting Authority Memorandum of President of the United States, Dec. 8, 2004, 69 F.R. 74935, provided: Memorandum for the Chairman of the Federal Labor Relations Authority By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to the member who has been designated by the President as Chairman the functions conferred upon the President by 5 U.S.C. 7104(e) to provide the specified report to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. George W. Bush.

Reference

Citations & Metadata

Citation

5 U.S.C. § 7104

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73