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Title 2, The CongressRelease 119-110

§1351 Application of Chapter 71 of Title 5 Relating to Federal Service Labor-management Relations; Procedures for Remedy of Violations

Title 2 › CHAPTER 24 — CONGRESSIONAL ACCOUNTABILITY › SUBCHAPTER II — EXTENSION OF RIGHTS AND PROTECTIONS › Part D — Labor-Management Relations › § 1351

Last updated Sep 22, 2026|Official source

Summary

Applies many federal labor-management rights in title 5 (sections 7102, 7106, 7111–7117, 7119–7122, and 7131) to employing offices and covered employees and their representatives, but it does not include the Library of Congress. If those rights are violated, the Board can order the same kinds of fixes the Federal Labor Relations Authority would, including remedies under 5 U.S.C. 7118(a)(7). The Board will use the FLRA’s powers to take petitions, investigate, and refer cases to hearing officers, and its General Counsel will investigate unfair labor practice charges filed within 180 days and may file complaints. People can ask the U.S. Court of Appeals for the Federal Circuit to review final Board decisions. The Board can also act like the Federal Service Impasses Panel and ask the Executive Director to appoint mediators. The Board must write rules like the FLRA’s but may change them for good cause or to avoid conflicts of interest. The Board must make special rules for certain congressional offices (such as members’ personal offices, committees, many leadership and support offices, caucuses, the Congressional Budget Office, the Office of Technology Assessment, the Office of Congressional Workplace Rights, and similar offices it names) and may exclude employees of those offices if needed for conflict or constitutional reasons. The rules apply starting October 1, 1996, except for the listed congressional offices, which are covered when the Board’s special rules for them take effect.

Full Legal Text

Title 2, §1351

The Congress, Source: USLM XML via OLRC

(a)Labor-management rights
(1)In general
The rights, protections, and responsibilities established under section 7102, 7106, 7111 through 7117, 7119 through 7122, and 7131 of title 5 shall apply to employing offices and to covered employees and representatives of those employees.
(2)Application
For purposes of the application under this section of the sections referred to in paragraph (1), the term “agency” shall be deemed to include an employing office.
(3)Definitions
For purposes of this section, the term “covered employee” does not include an employee of the Library of Congress, and the term “employing office” does not include the Library of Congress.
(b)Remedy
The remedy for a violation of subsection (a) shall be such remedy, including a remedy under section 7118(a)(7) of title 5, as would be appropriate if awarded by the Federal Labor Relations Authority to remedy a violation of any provision made applicable by subsection (a).
(c)Authorities and procedures for implementation and enforcement
(1)General authorities of Board; petitions
For purposes of this section and except as otherwise provided in this section, the Board shall exercise the authorities of the Federal Labor Relations Authority under section 7105, 7111, 7112, 7113, 7115, 7117, 7118, and 7122 of title 5 and of the President under section 7103(b) of title 5. For purposes of this section, any petition or other submission that, under chapter 71 of title 5, would be submitted to the Federal Labor Relations Authority shall, if brought under this section, be submitted to the Board. The Board shall refer any matter under this paragraph to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title. The Board may direct that the General Counsel carry out the Board’s investigative authorities under this paragraph.
(2)General authorities of the General Counsel; charges of unfair labor practice
For purposes of this section and except as otherwise provided in this section, the General Counsel shall exercise the authorities of the General Counsel of the Federal Labor Relations Authority under section 7104 and 7118 of title 5. For purposes of this section, any charge or other submission that, under chapter 71 of title 5, would be submitted to the General Counsel of the Federal Labor Relations Authority shall, if brought under this section, be submitted to the General Counsel. If any person charges an employing office or a labor organization with having engaged in or engaging in an unfair labor practice and makes such charge within 180 days of the occurrence of the alleged unfair labor practice, the General Counsel shall investigate the charge and may file a complaint with the Office. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title.
(3)Judicial review
Except for matters referred to in paragraphs (1) and (2) of section 7123(a) of title 5, the General Counsel or the respondent to the complaint, if aggrieved by a final decision of the Board under paragraph (1) or (2) of this subsection, may file a petition for judicial review in the United States Court of Appeals for the Federal Circuit pursuant to section 1407 of this title.
(4)Exercise of impasses panel authority; requests
For purposes of this section and except as otherwise provided in this section, the Board shall exercise the authorities of the Federal Service Impasses Panel under section 7119 of title 5. For purposes of this section, any request that, under chapter 71 of title 5, would be presented to the Federal Service Impasses Panel shall, if made under this section, be presented to the Board. At the request of the Board, the Executive Director shall appoint a mediator or mediators to perform the functions of the Federal Service Impasses Panel under section 7119 of title 5.
(d)Regulations to implement section (e) Specific regulations regarding application to certain offices of Congress
(1)In general
The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
(2)Agency regulations
Except as provided in subsection (e), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Federal Labor Relations Authority to implement the statutory provisions referred to in subsection (a) except—
(A)to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; or
(B)as the Board deems necessary to avoid a conflict of interest or appearance of a conflict of interest.
(f)Effective date
(1)In general
Except as provided in paragraph (2), subsections (a) and (b) shall be effective on October 1, 1996.
(2)Certain offices
With respect to the offices listed in subsection (e)(2), to the covered employees of such offices, and to representatives of such employees, subsections (a) and (b) shall be effective on the effective date of regulations under subsection (e).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (e)(1), was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables.

Amendments

2018—Subsec. (a)(2). Pub. L. 115–141, § 153(a)(1)(C)(i), substituted “Application” for “Definition” in heading. Subsec. (a)(3). Pub. L. 115–141, § 153(a)(1)(C)(ii), added par. (3). Subsec. (e)(2)(G). Pub. L. 115–397 substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. Senate Democratic Leadership Offices Funding and AuthoritiesReference to the Office of the Secretary of the majority or minority conference of the Senate, as applicable, that represents the Democratic party deemed to be a reference to the office of the designated officer of the applicable conference, under certain conditions during the 118th and any subsequent Congress, see section 6161 of this title.

Reference

Citations & Metadata

Citation

2 U.S.C. § 1351

Title 2, The Congress

Last Updated

Sep 22, 2026

Release point: 119-110