§7114 — Title 5 Government Organization and Employees | U.S. Code

§7114 Representation rights and duties

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 › § 7114

Last updated Apr 6, 2026|Official source

Summary

A union that the agency recognizes as the only representative speaks for all workers in that bargaining unit. The union must represent everyone fairly, no matter whether they belong to the union. The union can attend formal talks between the agency and employees about grievances, work rules, or other job conditions. If an employee thinks a meeting or interview with management might lead to discipline and asks for help, the union can also be there. Each year the agency must tell employees about this right to have a representative at investigatory interviews. Employees still may choose their own lawyer or other helper for grievances or appeals. The agency and the union must bargain honestly and try to reach a contract. Both must send authorized people who are ready to discuss issues, meet when needed at reasonable times, and avoid needless delays. The agency must give the union requested records that it normally keeps and that are needed for bargaining, unless the law bars disclosure or the material is management-only advice. If they agree on terms, they must write them down when asked and take steps to put the agreement into effect. The agency head must approve any agreement within 30 days if it follows the law. If the agency head does not act in 30 days, the agreement goes into effect. Local agreements that are controlled by a higher-level agreement follow the approval steps of that higher-level agreement or the agency’s rules.

Title 5, §7114

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.

(2)An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at—

(A)any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or

(B)any examination of an employee in the unit by a representative of the agency in connection with an investigation if—

(i)the employee reasonably believes that the examination may result in disciplinary action against the employee; and

(ii)the employee requests representation.

(3)Each agency shall annually inform its employees of their rights under paragraph (2)(B) of this subsection.

(4)Any agency and any exclusive representative in any appropriate unit in the agency, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargaining agreement. In addition, the agency and the exclusive representative may determine appropriate techniques, consistent with the provisions of section 7119 of this title, to assist in any negotiation.

(5)The rights of an exclusive representative under the provisions of this subsection shall not be construed to preclude an employee from—

(A)being represented by an attorney or other representative, other than the exclusive representative, of the employee’s own choosing in any grievance or appeal action; or

(B)exercising grievance or appellate rights established by law, rule, or regulation;

(b)The duty of an agency and an exclusive representative to negotiate in good faith under subsection (a) of this section shall include the obligation—

(1)to approach the negotiations with a sincere resolve to reach a collective bargaining agreement;

(2)to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment;

(3)to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays;

(4)in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data—

(A)which is normally maintained by the agency in the regular course of business;

(B)which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and

(C)which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining; and

(5)if agreement is reached, to execute on the request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement.

(c)(1)An agreement between any agency and an exclusive representative shall be subject to approval by the head of the agency.

(2)The head of the agency shall approve the agreement within 30 days from the date the agreement is executed if the agreement is in accordance with the provisions of this chapter and any other applicable law, rule, or regulation (unless the agency has granted an exception to the provision).

(3)If the head of the agency does not approve or disapprove the agreement within the 30-day period, the agreement shall take effect and shall be binding on the agency and the exclusive representative subject to the provisions of this chapter and any other applicable law, rule, or regulation.

(4)A local agreement subject to a national or other controlling agreement at a higher level shall be approved under the procedures of the controlling agreement or, if none, under regulations prescribed by the agency.

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. Partial Suspension of Federal Service Labor-Management RelationsSubsec. (a)(1) and (4) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 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.

§7114 Representation rights and duties

Summary

Title 5, §7114

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata