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

Summary

Apply chapter 71 of title 5 to employing offices and to covered employees and their representatives, except covered employees do not have a right to reinstatement under sections 7118(a)(7)(C) or 7123 of title 5. For this use, the word "agency" means an employing office. The Federal Labor Relations Authority (FLRA) must make rules to carry this out. Those rules should match the FLRA’s existing substantive rules for chapter 71, but the FLRA may change them if it gives a written good reason or to avoid a conflict of interest or the appearance of one. The FLRA must also make special rules about how chapter 71 applies to employees in certain executive offices, including the White House Office, the Executive Residence, the Office of the Vice President, the Office of Policy Development, the Council of Economic Advisers, the National Security Council, the Office of Management and Budget, and the Office of National Drug Control Policy. Those special rules should follow chapter 71 when possible, but the FLRA may exclude people in those offices if a conflict of interest, the appearance of one, or the President’s or Vice President’s constitutional duties require it. The general rules take effect on the earlier of when the FLRA’s rules become effective or October 1, 1998. The special rules for the listed offices take effect on the earlier of when the FLRA’s special rules become effective or October 1, 1998.