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: 5USC7118]

 
             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. 7118. Prevention of unfair labor practices

    (a)(1) If any agency or labor organization is charged by any person 
with having engaged in or engaging in an unfair labor practice, the 
General Counsel shall investigate the charge and may issue and cause to 
be served upon the agency or labor organization a complaint. In any case 
in which the General Counsel does not issue a complaint because the 
charge fails to state an unfair labor practice, the General Counsel 
shall provide the person making the charge a written statement of the 
reasons for not issuing a complaint.
    (2) Any complaint under paragraph (1) of this subsection shall 
contain a notice--
        (A) of the charge;
        (B) that a hearing will be held before the Authority (or any 
    member thereof or before an individual employed by the authority and 
    designated for such purpose); and
        (C) of the time and place fixed for the hearing.

    (3) The labor organization or agency involved shall have the right 
to file an answer to the original and any amended complaint and to 
appear in person or otherwise and give testimony at the time and place 
fixed in the complaint for the hearing.
    (4)(A) Except as provided in subparagraph (B) of this paragraph, no 
complaint shall be issued based on any alleged unfair labor practice 
which occurred more than 6 months before the filing of the charge with 
the Authority.
    (B) If the General Counsel determines that the person filing any 
charge was prevented from filing the charge during the 6-month period 
referred to in subparagraph (A) of this paragraph by reason of--
        (i) any failure of the agency or labor organization against 
    which the charge is made to perform a duty owed to the person, or
        (ii) any concealment which prevented discovery of the alleged 
    unfair labor practice during the 6-month period,

the General Counsel may issue a complaint based on the charge if the 
charge was filed during the 6-month period beginning on the day of the 
discovery by the person of the alleged unfair labor practice.
    (5) The General Counsel may prescribe regulations providing for 
informal methods by which the alleged unfair labor practice may be 
resolved prior to the issuance of a complaint.
    (6) The Authority (or any member thereof or any individual employed 
by the Authority and designated for such purpose) shall conduct a 
hearing on the complaint not earlier than 5 days after the date on which 
the complaint is served. In the discretion of the individual or 
individuals conducting the hearing, any person involved may be allowed 
to intervene in the hearing and to present testimony. Any such hearing 
shall, to the extent practicable, be conducted in accordance with the 
provisions of subchapter II of chapter 5 of this title, except that the 
parties shall not be bound by rules of evidence, whether statutory, 
common law, or adopted by a court. A transcript shall be kept of the 
hearing. After such a hearing the Authority, in its discretion, may upon 
notice receive further evidence or hear argument.
    (7) If the Authority (or any member thereof or any individual 
employed by the Authority and designated for such purpose) determines 
after any hearing on a complaint under paragraph (5) of this subsection 
that the preponderance of the evidence received demonstrates that the 
agency or labor organization named in the complaint has engaged in or is 
engaging in an unfair labor practice, then the individual or individuals 
conducting the hearing shall state in writing their findings of fact and 
shall issue and cause to be served on the agency or labor organization 
an order--
        (A) to cease and desist from any such unfair labor practice in 
    which the agency or labor organization is engaged;
        (B) requiring the parties to renegotiate a collective bargaining 
    agreement in accordance with the order of the Authority and 
    requiring that the agreement, as amended, be given retroactive 
    effect;
        (C) requiring reinstatement of an employee with backpay in 
    accordance with section 5596 of this title; or
        (D) including any combination of the actions described in 
    subparagraphs (A) through (C) of this paragraph or such other action 
    as will carry out the purpose of this chapter.

If any such order requires reinstatement of an employee with backpay, 
backpay may be required of the agency (as provided in section 5596 of 
this title) or of the labor organization, as the case may be, which is 
found to have engaged in the unfair labor practice involved.
    (8) If the individual or individuals conducting the hearing 
determine that the preponderance of the evidence received fails to 
demonstrate that the agency or labor organization named in the complaint 
has engaged in or is engaging in an unfair labor practice, the 
individual or individuals shall state in writing their findings of fact 
and shall issue an order dismissing the complaint.
    (b) In connection with any matter before the Authority in any 
proceeding under this section, the Authority may request, in accordance 
with the provisions of section 7105(i) of this title, from the Director 
of the Office of Personnel Management an advisory opinion concerning the 
proper interpretation of rules, regulations, or other policy directives 
issued by the Office of Personnel Management.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1207.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7105, 7123 of this title; 
title 2 section 1351; title 3 section 431.