Title 5Government Organization and EmployeesRelease 119-73

§7111 Exclusive recognition of labor organizations

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart F— - Labor-Management and Employee Relations › Chapter CHAPTER 71— - LABOR-MANAGEMENT RELATIONS › Subchapter SUBCHAPTER II— - RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS › § 7111

Last updated Apr 6, 2026|Official source

Summary

An agency must give a union exclusive recognition when a secret ballot election in the right group of employees shows a majority of the valid votes for that union. A person can ask the Authority for an election if 30% of employees in the group want a union, or if 30% say the current union no longer represents the majority, or to clarify or change an existing certification. A union can be part of the process if at least 10% of the employees named it, or it gives a current or just-expired bargaining agreement, or other proof it represents the employees. The Authority decides who may vote and sets election rules so voters can pick a union on the ballot or choose no union. A union seeking recognition must give the Authority and the agency a list of officers and reps, its constitution and bylaws, and its goals. The Authority must not recognize a union if it is corrupt or anti-democratic; if there is not credible evidence of 30% support when required; if a valid written bargaining agreement already covers the employees unless that agreement has lasted more than 3 years or the petition is filed 105 to 60 days before the agreement ends; or if the Authority held a secret ballot for the same group within the last 12 calendar months. Hearings may be waived by agreement to allow a consent election under the Authority’s rules.

Full Legal Text

Title 5, §7111

Government Organization and Employees — Source: USLM XML via OLRC

(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;
(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;
(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.
(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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 7111

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73