Title 5Government Organization and EmployeesRelease 119-73

§7112 Determination of appropriate units for labor organization representation

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 › § 7112

Last updated Apr 6, 2026|Official source

Summary

The Authority must decide what groups of employees (units) are right for union representation. It must pick units to protect employees’ freedom to use their rights, and only approve a unit if the workers have a clear shared interest and the unit helps the agency deal with unions and run efficiently. Units can be by agency, plant, installation, job function, or other basis. A unit cannot be approved just because people have organized, and it must not include certain people such as management officials or supervisors (except as allowed in section 7135(a)(2)), confidential employees, non‑clerical personnel staff, those who administer this chapter, mixed professional and nonprofessional employees unless most professionals agree, employees in intelligence or security work affecting national security, or employees whose main job is internal investigation or audit for honesty and integrity. An employee who helps administer labor‑management law may not be in a union that represents others covered by that law or is affiliated with such a union. Two or more units in an agency that the same union exclusively represents may be combined into a larger unit, with a petition from the agency or the union, if the Authority finds the larger unit appropriate. The Authority then certifies the union for the new unit, with or without an election.

Full Legal Text

Title 5, §7112

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–378 struck out “(1)” after subsec. (a) designation.

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. § 7112

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73