Title 5, Government Organization and EmployeesRelease 119-110

§7114 Representation Rights and Duties

Title 5 › PART III — EMPLOYEES › Subpart F — Labor-Management and Employee Relations › CHAPTER 71 — LABOR-MANAGEMENT RELATIONS › SUBCHAPTER II — RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS › § 7114

Last updated Sep 22, 2026|Official source

Summary

A recognized union must represent and bargain for all employees in the unit it covers. The union must treat everyone fairly, no matter whether they belong to the union. The union has the right to attend any formal talk between the agency and employees about grievances, workplace rules, or other conditions. If an employee thinks an investigatory interview could lead to discipline and asks for a representative, the union must be allowed to be there. Agencies must tell employees about this right once each year. An employee can still hire an attorney or another representative for a grievance or appeal and can use legal or rule-based appeal rights, except when the grievance process was set up by a negotiated agreement. Agencies and the union must bargain honestly and work to reach a contract. They must send authorized people who are ready to negotiate, meet when reasonably needed, and avoid needless delays. The agency must, when asked and where allowed by law, give the union ordinary business records and other available facts needed for bargaining. If they agree on terms, they must put the agreement in writing when asked and act to carry it out. The agency head must approve a written agreement within 30 days; if no decision is made in 30 days, the agreement goes into effect. Local agreements that are covered by a higher-level agreement follow the higher-level rules or the agency’s regulations.

Full Legal Text

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;
except in the case of grievance or appeal procedures negotiated under this chapter.
(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.

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. 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 7114

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110