§7118 Prevention of Unfair Labor Practices

Summary

The General Counsel must look into any charge that a federal agency or a labor union did something unfair in labor matters. If the charge seems valid, the General Counsel can send a formal complaint to the agency or union. If no complaint is sent because the charge does not allege an unfair practice, the person who complained must get a written reason. A complaint must tell what the charge is, say that a hearing will be held by the Authority (or a person it designates), and give the time and place. The agency or union can answer the complaint and attend the hearing. Normally a complaint cannot cover actions that happened more than 6 months before the charge was filed, unless the General Counsel finds the complainant was blocked from filing earlier because the agency or union failed a duty or hid the action; then the complainant has 6 months from when they discovered the issue. The General Counsel can also set up informal ways to try to resolve complaints before filing. The Authority or its designee will hold a hearing at least 5 days after the complaint is served. People may be allowed to join and testify. Formal evidence rules do not have to be followed, and a transcript will be made. If the Authority finds, by a preponderance of the evidence, that an unfair practice occurred, it will write findings and order relief. Orders can require stopping the practice, renegotiating a contract with retroactive effect, or reinstating an employee with backpay under section 5596, or any combination of these or other actions to enforce the law. Backpay can be charged to the agency or the union found responsible. If the evidence does not show an unfair practice, the complaint will be dismissed in writing. The Authority may also ask the Director of the Office of Personnel Management for an advisory opinion under section 7105(i) about how to read OPM rules.