PRIA Logo™
Take the PRIA Score
Title 5 — Government Organization and EmployeesRelease 119-73

§7131 Official time

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart F— - Labor-Management and Employee Relations › Chapter CHAPTER 71— - LABOR-MANAGEMENT RELATIONS › Subchapter SUBCHAPTER IV— - ADMINISTRATIVE AND OTHER PROVISIONS › § 7131

Last updated Apr 6, 2026|Official source

Summary

Employees who act as their union’s negotiator must be given official time to do bargaining and to attend impasse proceedings while they would otherwise be working. The number of employees allowed this official time cannot be more than the number of people the agency names as its negotiators. Union internal business (like signing up members, holding internal elections, or collecting dues) must be done while the employee is off duty. Except for the negotiators above, the Authority decides whether an employee who participates for a union in any phase of proceedings before the Authority gets official time while they would otherwise be working. The law also lists two groups: (1) employees representing an exclusive representative and (2) employees in a unit represented by an exclusive representative.

Full Legal Text

Title 5, §7131

Government Organization and Employees — Source: USLM XML via OLRC

(a)Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes.
(b)Any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a non-duty status.
(c)Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status.
(d)Except as provided in the preceding subsections of this section—
(1)any employee representing an exclusive representative, or
(2)in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative,

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.

Executive Documents

Executive Order No. 13837 Ex. Ord. No. 13837, May 25, 2018, 83 F.R. 25335, which limited the use of taxpayer-funded union time by Federal employees in representing labor organizations and performing other non-agency business, was revoked by Ex. Ord. No. 14003, § 3(b), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. [Ex. Ord. No. 13837, formerly set out above, construed to be amended to the extent necessary, by Memorandum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, set out as a note under section 7101 of this title.]

Reference

Citations & Metadata

Citation

5 U.S.C. § 7131

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73