PRIA, Government Policy, Made Personal

Summary

Agencies must not stop, threaten, or pressure employees from using their rights under this law. They must not treat people differently to push them into or out of a union. Agencies may not run or help a union except to give routine services equally to similar unions. They must not punish someone for filing a complaint or testifying. Agencies must bargain in good faith, follow impasse procedures and impasse decisions, and not enforce rules that conflict with a collective bargaining agreement that existed before the rule (except rules that implement section 2302). Agencies must follow all other parts of this law. Labor organizations must also not stop, threaten, or pressure employees from using their rights. They may not cause an agency to discriminate or punish members to interfere with their job. Unions may not deny membership based on race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition. Unions must bargain in good faith and follow impasse procedures. They cannot call for or support strikes, work stoppages, slowdowns, or picketing that interferes with agency operations, and they must try to stop such actions. Informational picketing that does not interfere with agency work is allowed. An exclusive representative cannot refuse membership except for failure to meet reasonable job standards applied to everyone or failure to pay uniformly required dues; unions may still discipline members under their rules if those rules follow this law. If an issue can be handled through an appeals or grievance process, it generally may not be brought as an unfair labor practice (except where section 7121(e) and (f) give an employee a choice). Finally, people may express personal views that encourage voting in representational elections, correct false statements, or explain government policy so long as there is no threat, promise, or coercion; those expressions are not unfair labor practices and will not void an election.

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.

Nothing in paragraph (7) of this subsection shall result in any informational picketing which does not interfere with an agency’s operations being considered as an unfair labor practice.

(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.

This subsection does not preclude any labor organization from enforcing discipline in accordance with procedures under its constitution or bylaws to the extent consistent with the provisions of this chapter.

(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,

shall not, if the expression contains no threat of reprisal or force or promise of benefit or was not made under coercive conditions, (A) constitute an unfair labor practice under any provision of this chapter, or (B) constitute grounds for the setting aside of any election conducted under any provisions of this chapter.

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