§7116 — Title 5 Government Organization and Employees | U.S. Code

Summary

Makes it illegal for a government agency or a labor union to do things that stop or punish employees from using their rights under these rules. For agencies, the law bans actions like blocking or pressuring workers, treating people differently to push them into or out of unions, running or helping a union (except giving basic, neutral services), punishing workers for filing complaints or giving testimony, refusing to bargain or follow impasse procedures, and enforcing rules that conflict with a current bargaining agreement. For unions, it bans similar conduct toward members or employees, causing an agency to discriminate, punishing members to hurt their job performance, denying membership for forbidden reasons, failing to bargain or follow impasse procedures, and calling for or allowing strikes, slowdowns, or picketing that interfere with agency work. A union that is the exclusive representative must accept employees unless they fail uniform job standards or fail to pay required dues. Matters that belong in an appeals process cannot be raised here; if an issue can be handled in a grievance, the person must pick either the grievance or an unfair-practice complaint, but not both. Statements that tell workers about an election, correct false claims, or explain government policy on labor relations are allowed.

Title 5, §7116

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this chapter, it shall be an unfair labor practice for an agency—

(1)to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;

(2)to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;

(3)to sponsor, control, or otherwise assist any labor organization, other than to furnish, upon request, customary and routine services and facilities if the services and facilities are also furnished on an impartial basis to other labor organizations having equivalent status;

(4)to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter;

(5)to refuse to consult or negotiate in good faith with a labor organization as required by this chapter;

(6)to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;

(7)to enforce any rule or regulation (other than a rule or regulation implementing section 2302 of this title) which is in conflict with any applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or

(8)to otherwise fail or refuse to comply with any provision of this chapter.

(b)For the purpose of this chapter, it shall be an unfair labor practice for a labor organization—

(1)to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;

(2)to cause or attempt to cause an agency to discriminate against any employee in the exercise by the employee of any right under this chapter;

(3)to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment, reprisal, or for the purpose of hindering or impeding the member’s work performance or productivity as an employee or the discharge of the member’s duties as an employee;

(4)to discriminate against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition;

(5)to refuse to consult or negotiate in good faith with an agency as required by this chapter;

(6)to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;

(7)(A)to call, or participate in, a strike, work stoppage, or slowdown, or picketing of an agency in a labor-management dispute if such picketing interferes with an agency’s operations, or

(B)to condone any activity described in subparagraph (A) of this paragraph by failing to take action to prevent or stop such activity; or

(8)to otherwise fail or refuse to comply with any provision of this chapter.

(c)For the purpose of this chapter it shall be an unfair labor practice for an exclusive representative to deny membership to any employee in the appropriate unit represented by such exclusive representative except for failure—

(1)to meet reasonable occupational standards uniformly required for admission, or

(2)to tender dues uniformly required as a condition of acquiring and retaining membership.

(d)Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 7121(e) and (f) of this title, an employee has an option of using the negotiated grievance procedure or an appeals procedure, issues which can be raised under a grievance procedure may, in the discretion of the aggrieved party, be raised under the grievance procedure or as an unfair labor practice under this section, but not under both procedures.

(e)The expression of any personal view, argument, opinion or the making of any statement which—

(1)publicizes the fact of a representational election and encourages employees to exercise their right to vote in such election,

(2)corrects the record with respect to any false or misleading statement made by any person, or

(3)informs employees of the Government’s policy relating to labor-management relations and representation,

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)(5) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces, and subsec. (a)(7) of this section suspended with regard to any regulation governing 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), (c) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title.

§7116 Unfair Labor Practices

Summary

Title 5, §7116

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata