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Title 5, Government Organization and EmployeesRelease 119-110

§7131 Official Time

Title 5 › PART III — EMPLOYEES › Subpart F — Labor-Management and Employee Relations › CHAPTER 71 — LABOR-MANAGEMENT RELATIONS › SUBCHAPTER IV — ADMINISTRATIVE AND OTHER PROVISIONS › § 7131

Last updated Sep 22, 2026|Official source

Summary

Employees who represent a union in negotiating a contract must get official time to do that work, including attending impasse proceedings, while they would be on duty. The number who get this time can't exceed the number the agency named as its representatives. Union internal business (membership, elections, dues) must be done off duty. The Authority decides official time for matters before it, except for negotiators. Agencies and exclusive representatives can agree on any amount of official time they consider reasonable, necessary, and in the public interest.

Full Legal Text

Title 5, §7131

Government Organization and Employees, Source: USLM XML via OLRC

(a)Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes.
(b)Any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a non-duty status.
(c)Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status.
(d)Except as provided in the preceding subsections of this section—
(1)any employee representing an exclusive representative, or
(2)in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative,
shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest.

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.

Executive Documents

Executive Order No. 13837 Ex. Ord. No. 13837, May 25, 2018, 83 F.R. 25335, which limited the use of taxpayer-funded union time by Federal employees in representing labor organizations and performing other non-agency business, was revoked by Ex. Ord. No. 14003, § 3(b), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. [Ex. Ord. No. 13837, formerly set out above, construed to be amended to the extent necessary, by Memorandum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, set out as a note under section 7101 of this title.]

Reference

Citations & Metadata

Citation

5 U.S.C. § 7131

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110