US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 5USC7116]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           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
 
Sec. 7116. Unfair labor practices

    (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.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1204.)


    Partial Suspension of Federal Service Labor-Management Relations

    Subsec. (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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5596, 7103, 7120 of this 
title; title 2 section 1351.