
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7101]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                 CHAPTER 71--LABOR-MANAGEMENT RELATIONS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 7101. Findings and purpose

    (a) The Congress finds that--
        (1) experience in both private and public employment indicates 
    that the statutory protection of the right of employees to organize, 
    bargain collectively, and participate through labor organizations of 
    their own choosing in decisions which affect them--
            (A) safeguards the public interest,
            (B) contributes to the effective conduct of public business, 
        and
            (C) facilitates and encourages the amicable settlements of 
        disputes between employees and their employers involving 
        conditions of employment; and

        (2) the public interest demands the highest standards of 
    employee performance and the continued development and 
    implementation of modern and progressive work practices to 
    facilitate and improve employee performance and the efficient 
    accomplishment of the operations of the Government.

Therefore, labor organizations and collective bargaining in the civil 
service are in the public interest.
    (b) It is the purpose of this chapter to prescribe certain rights 
and obligations of the employees of the Federal Government and to 
establish procedures which are designed to meet the special requirements 
and needs of the Government. The provisions of this chapter should be 
interpreted in a manner consistent with the requirement of an effective 
and efficient Government.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1192.)


                            Prior Provisions

    A prior section 7101, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523; 
Pub. L. 91-375, Sec. 6(c)(19), Aug. 12, 1970, 84 Stat. 776, related to 
right of postal employees to organize, prior to the general amendment of 
this chapter by Pub. L. 94-454.


                             Effective Date

    Chapter 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 Order No. 10988

    Ex. Ord. No. 10988, Jan. 17, 1962, 27 F.R. 551, which related to 
employee-management cooperation in the Federal service, was revoked by 
Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, set out below.

  Ex. Ord. No. 11491. Labor-Management Relations in the Federal Service

    Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, as amended by Ex. 
Ord. No. 11616, Aug. 26, 1971, 36 F.R. 17319; Ex. Ord. No. 11636, Dec. 
17, 1971, 36 F.R. 24901; Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743; 
Ex. Ord. No. 11901, Jan. 30, 1976, 41 F.R. 4807; Ex. Ord. No. 12027, 
Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 
1055, provided:
    WHEREAS the public interest requires high standards of employee 
performance and the continual development and implementation of modern 
and progressive work practices to facilitate improved employee 
performance and efficiency; and
    WHEREAS the well-being of employees and efficient administration of 
the Government are benefited by providing employees an opportunity to 
participate in the formulation and implementation of personnel policies 
and practices affecting the conditions of their employment; and
    WHEREAS the participation of employees should be improved through 
the maintenance of constructive and cooperative relationships between 
labor organizations and management officials; and
    WHEREAS subject to law and the paramount requirements of public 
service, effective labor-management relations within the Federal service 
require a clear statement of the respective rights and obligations of 
labor organizations and agency management:
    NOW, THEREFORE, by virtue of the authority vested in me by the 
Constitution and statutes of the United States, including sections 3301 
and 7301 of title 5 of the United States Code and as President of the 
United States, I hereby direct that the following policies shall govern 
officers and agencies of the executive branch of the Government in all 
dealings with Federal employees and organizations representing such 
employees.

                           General Provisions

    Section 1. Policy. (a) Each employee of the executive branch of the 
Federal Government has the right, freely and without fear of penalty or 
reprisal, to form, join, and assist a labor organization or to refrain 
from any such activity, and each employee shall be protected in the 
exercise of this right. Except as otherwise expressly provided in this 
Order, the right to assist a labor organization extends to participation 
in the management of the organization and acting for the organization in 
the capacity of an organization representative, including presentation 
of its views to officials of the executive branch, the Congress, or 
other appropriate authority. The head of each agency shall take the 
action required to assure that employees in the agency are apprised of 
their rights under this section and that no interference, restraint, 
coercion, or discrimination is practiced within his agency to encourage 
or discourage membership in a labor organization.
    (b) Paragraph (a) of this section does not authorize participation 
in the management of a labor organization or acting as a representative 
of such an organization by a supervisor, except as provided in section 
24 of this Order, or by an employee when the participation or activity 
would result in a conflict or apparent conflict of interest or otherwise 
be incompatible with law or with the official duties of the employee.
    Sec. 2. Definitions. When used in this Order, the term--
    (a) ``Agency'' means an executive department, a Government 
corporation, and an independent establishment as defined in section 104 
of title 5, United States Code, except the General Accounting Office;
    (b) ``Employee'' means an employee of an agency and an employee of a 
nonappropriated fund instrumentality of the United States but does not 
include, for the purpose of exclusive recognition or national 
consultation rights, a supervisor, except as provided in section 24 of 
this Order;
    (c) ``Supervisor'' means an employee having authority, in the 
interest of an agency, to hire, transfer, suspend, lay off, recall, 
promote, discharge, assign, reward, or discipline other employees, or 
responsibly to direct them, or to adjust their grievances, or 
effectively to recommend such action, if in connection with the 
foregoing the exercise of authority is not of a merely routine or 
clerical nature, but requires the use of independent judgment;
    (d) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
    (e) ``Labor organization'' means a lawful organization of any kind 
in which employees participate and which exists for the purpose, in 
whole or in part, of dealing with agencies concerning grievances, 
personnel policies and practices, or other matters affecting the working 
conditions of their employees; but does not include an organization 
which--
    (1) consists of management officials or supervisors, except as 
provided in section 24 of this Order;
    (2) assists or participates in a strike against the Government of 
the United States or any agency thereof, or imposes a duty or obligation 
to conduct, assist, or participate in such a strike;
    (3) advocates the overthrow of the constitutional form of government 
in the United States; or
    (4) discriminates with regard to the terms or conditions of 
membership because of race, color, creed, sex, age, or national origin;
    (f) ``Agency management'' means the agency head and all management 
officials, supervisors, and other representatives of management having 
authority to act for the agency on any matters relating to the 
implementation of the agency labor-management relations program 
established under this Order;
    (g) ``Authority'' means the Federal Labor Relations Authority;
    (h) ``Panel'' means the Federal Service Impasses Panel;
    (i) ``Assistant Secretary'' means the Assistant Secretary of Labor 
for Labor Management Relations; and
    (j) ``General Counsel'' means the General Counsel of the Authority.
    Sec. 3. Application. (a) This Order applies to all employees and 
agencies in the executive branch, except as provided in paragraphs (b), 
(c) and (d) of this section.
    (b) This Order (except section 22) does not apply to--
    (1) the Federal Bureau of Investigation;
    (2) the Central Intelligence Agency;
    (3) any other agency, or office, bureau, or entity within an agency, 
which has as a primary function intelligence, investigative, or security 
work, when the head of the agency determines, in his sole judgment, that 
the Order cannot be applied in a manner consistent with national 
security requirements and considerations; or
    (4) any office, bureau or entity, within an agency which has as a 
primary function investigation or audit of the conduct or work of 
officials or employees of the agency for the purpose of ensuring honesty 
and integrity in the discharge of their official duties, when the head 
of the agency determines, in his sole judgment, that the Order cannot be 
applied in a manner consistent with the internal security of the agency.
    (5) The Foreign Service of the United States: Department of State, 
United States Information Agency and Agency for International 
Development and its successor agency or agencies.
    (6) The Tennessee Valley Authority; or
    (7) Personnel of the Federal Labor Relations Authority (including 
the Office of the General Counsel and the Federal Service Impasses 
Panel).
    (c) The head of an agency may, in his sole judgment, suspend any 
provision of this Order (except section 22) with respect to any agency 
installation or activity located outside the United States, when he 
determines that this is necessary in the national interest, subject to 
the conditions he prescribes.
    (d) Employees engaged in administering a labor-management relations 
law or this Order who are otherwise authorized by this Order to be 
represented by a labor organization shall not be represented by a labor 
organization which also represents other groups of employees under the 
law or this Order, or which is affiliated directly or indirectly with an 
organization which represents such a group of employees.

                             Administration

    Sec. 4. Powers and Duties of the Federal Labor Relations Authority.
    (a) [Revoked].
    (b) The Authority shall administer and interpret this Order, decide 
major policy issues, and prescribe regulations.
    (c) The Authority shall, subject to its regulations:
    (1) decide questions as to the appropriate unit for the purpose of 
exclusive recognition and related issues submitted for its 
considerations;
    (2) supervise elections to determine whether a labor organization is 
the choice of a majority of the employees in an appropriate unit as 
their exclusive representative, and certify the results;
    (3) decide questions as to the eligibility of labor organizations 
for national consultation rights;
    (4) decide unfair labor practice complaints; and
    (5) decide questions as to whether a grievance is subject to a 
negotiated grievance procedure or subject to arbitration under an 
agreement as provided in Section 13(d) of this Order.
    (d) The Authority may consider, subject to its regulations:
    (1) appeals on negotiability issues as provided in Section 11(c) of 
this Order;
    (2) exceptions to arbitration awards;
    (3) appeals from decisions of the Assistant Secretary of Labor for 
Labor-Management Relations issued pursuant to Section 6(b) of this 
Order; and
    (4) other matters it deems appropriate to assure the effectuation of 
the purposes of this Order.
    (e) In any matters arising under subsection (c) and (d)(3) of this 
Section, the Authority may require an agency or a labor organization to 
cease and desist from violations of this Order and require it to take 
such affirmative action as the Authority considers appropriate to 
effectuate the policies of this Order.
    (f) In performing the duties imposed on it by this Section, the 
Authority may request and use the services and assistance of employees 
of other agencies in accordance with Section 1 of the Act of March 4, 
1915 (38 Stat. 1084, as amended; 31 U.S.C. 686) [31 U.S.C. 1535].
    Sec. 5. Powers and Duties of the Federal Service Impasses Panel. (a) 
There is hereby established the Federal Service Impasses Panel as a 
distinct organizational entity within the Authority. The Panel consists 
of at least three members appointed by the President, one of whom he 
designates as chairman. The Authority shall provide the services and 
staff assistance needed by the Panel.
    (b) The Panel may consider negotiation impasses as provided in 
section 17 of this Order and may take any action it considers necessary 
to settle an impasse.
    (c) The Panel shall prescribe regulations needed to administer its 
function under this Order.
    Sec. 6. Powers and Duties of the Office of the General Counsel and 
the Assistant Secretary of Labor for Labor-Management Relations.
    (a) The General Counsel is authorized, upon direction by the 
Authority, to:
    (1) investigate complaints of violations of Section 19 of this 
Order;
    (2) make final decisions as to whether to issue unfair labor 
practice complaints and prosecute such complaints before the Authority;
    (3) direct and supervise all employees in the Office of General 
Counsel, including employees of the General Counsel in the regional 
office of the Authority;
    (4) perform such other duties as the Authority may prescribe; and
    (5) prescribe regulations needed to administer his functions under 
this Order.
    (b) The Assistant Secretary shall:
    (1) decide alleged violations of the standards of conduct for labor 
organizations, established in Section 18 of this Order; and
    (2) prescribe regulations needed to administer his functions under 
this Order.
    (c) In any matter arising under paragraph (b) of this Section, the 
Assistant Secretary may require a labor organization to cease and desist 
from violations of this Order and require it to take such affirmative 
action as he considers appropriate to effectuate the policies of this 
Order.
    (d) In performing the duties imposed on them by this Section, the 
General Counsel and the Assistant Secretary may request and use the 
services and assistance of employees of other agencies in accordance 
with Section 1 of the Act of March 4, 1915 (38 Stat. 1084, as amended; 
31 U.S.C. 686) [31 U.S.C. 1535].

                               Recognition

    Sec. 7. Recognition in general. (a) An agency shall accord exclusive 
recognition or national consultation rights at the request of a labor 
organization which meets the requirements for the recognition or 
consultation rights under this Order.
    (b) A labor organization seeking recognition shall submit to the 
agency a roster of its officers and representatives, a copy of its 
constitution and by-laws, and a statement of its objectives.
    (c) When recognition of a labor organization has been accorded, the 
recognition continues as long as the organization continues to meet the 
requirements of this Order applicable to that recognition, except that 
this section does not require an election to determine whether an 
organization should become, or continue to be recognized as, exclusive 
representative of the employees in any unit or subdivision thereof 
within 12 months after a prior valid election with respect to such unit.
    (d) Recognition of a labor organization does not--
    (1) preclude an employee, regardless of whether he is in a unit of 
exclusive recognition, from exercising grievance or appellate rights 
established by law or regulation, or from choosing his own 
representative in a grievance or appellate action, except when the 
grievance is covered under a negotiated procedure as provided in section 
13;
    (2) preclude or restrict consultations and dealings between an 
agency and a veterans organization with respect to matters of particular 
interest to employees with veterans preference; or
    (3) preclude an agency from consulting or dealing with a religious, 
social, fraternal, professional or other lawful association, not 
qualified as a labor organization, with respect to matters or policies 
which involve individual members of the association or are of particular 
applicability to it or its members. Consultations and dealings under 
subparagraph (3) of this paragraph shall be so limited that they do not 
assume the character of formal consultation on matters of general 
employee-management policy covering employees in that unit or extend to 
areas where recognition of the interests of one employee group may 
result in discrimination against or injury to the interests of other 
employees.
    (e) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
    (f) Informal recognition or formal recognition shall not be 
accorded.
    Sec. 8. [Revoked by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R. 
17319.]
    Sec. 9. National consultation rights. (a) An agency shall accord 
national consultation rights to a labor organization which qualifies 
under criteria established by the Federal Labor Relations Authority as 
the representative of a substantial number of employees of the agency. 
National consultation rights shall not be accorded for any unit where a 
labor organization already holds exclusive recognition at the national 
level for that unit. The granting of national consultation rights does 
not preclude an agency from appropriate dealings at the national level 
with other organizations on matters affecting their members. An agency 
shall terminate national consultation rights when the labor organization 
ceases to qualify under the established criteria.
    (b) When a labor organization has been accorded national 
consultation rights, the agency, through appropriate officials, shall 
notify representatives of the organization of proposed substantive 
changes in personnel policies that affect employees it represents and 
provide an opportunity for the organization to comment on the proposed 
changes. The labor organization may suggest changes in the agency's 
personnel policies and have its views carefully considered. It may 
consult in person at reasonable times, on request, with appropriate 
officials on personnel policy matters, and at all times present its 
views thereon in writing. An agency is not required to consult with a 
labor organization on any matter on which it would not be required to 
meet and confer if the organization were entitled to exclusive 
recognition.
    (c) Questions as to the eligibility of labor organizations for 
national consultation rights may be referred to the Authority for 
decision.
    Sec. 10. Exclusive recognition. (a) An agency shall accord exclusive 
recognition to a labor organization when the organization has been 
selected, in a secret ballot election, by a majority of the employees in 
an appropriate unit as their representative; provided that this section 
shall not preclude an agency from according exclusive recognition to a 
labor organization, without an election, where the appropriate unit is 
established through the consolidation of existing exclusively recognized 
units represented by that organization.
    (b) A unit may be established on a plant or installation, craft, 
functional, or other basis which will ensure a clear and identifiable 
community of interest among the employees concerned and will promote 
effective dealings and efficiency of agency operations. A unit shall not 
be established solely on the basis of the extent to which employees in 
the proposed unit have organized, nor shall a unit be established if it 
includes--
    (1) any management official or supervisor, except as provided in 
section 24;
    (2) an employee engaged in Federal personnel work in other than a 
purely clerical capacity; or
    (3) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
    (4) both professional and nonprofessional employees, unless a 
majority of the professional employees vote for inclusion in the unit. 
Questions as to the appropriate unit and related issues may be referred 
to the Authority for decision.
    (c) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
    (d) All elections shall be conducted under the supervision of the 
Authority, or persons designated by it, and shall be by secret ballot. 
Each employee eligible to vote shall be provided the opportunity to 
choose the labor organization he wishes to represent him, from among 
those on the ballot, or ``no union'', except as provided in subparagraph 
(4) of this paragraph. Elections may be held to determine whether--
    (1) a labor organization should be recognized as the exclusive 
representative of employees in a unit;
    (2) a labor organization should replace another labor organization 
as the exclusive representative;
    (3) a labor organization should cease to be the exclusive 
representative; or
    (4) a labor organization should be recognized as the exclusive 
representative of employees in a unit composed of employees in units 
currently represented by that labor organization or continue to be 
recognized in the existing separate units.
    (e) When a labor organization has been accorded exclusive 
recognition, it is the exclusive representative of employees in the unit 
and is entitled to act for and to negotiate agreements covering all 
employees in the unit. It is responsible for representing the interests 
of all employees in the unit without discrimination and without regard 
to labor organization membership. The labor organization shall be given 
the opportunity to be represented at formal discussions between 
management and employees or employee representatives concerning 
grievances, personnel policies and practices, or other matters affecting 
general working conditions of employees in the unit.

                               Agreements

    Sec. 11. Negotiation of agreements. (a) An agency and a labor 
organization that has been accorded exclusive recognition, through 
appropriate representatives, shall meet at reasonable times and confer 
in good faith with respect to personnel policies and practices and 
matters affecting working conditions, so far as may be appropriate under 
applicable laws and regulations, including policies set forth in the 
Federal Personnel Manual; published agency policies and regulations for 
which a compelling need exists under criteria established by the Federal 
Labor Relations Authority and which are issued at the agency 
headquarters level or at the level of a primary national subdivision; a 
national or other controlling agreement at a higher level in the agency; 
and this order. They may negotiate an agreement, or any question arising 
thereunder; determine appropriate techniques, consistent with section 17 
of this order, to assist in such negotiation; and execute a written 
agreement or memorandum of understanding.
    (b) In prescribing regulations relating to personnel policies and 
practices and working conditions, an agency shall have due regard for 
the obligation imposed by paragraph (a) of this section. However, the 
obligation to meet and confer does not include matters with respect to 
the mission of an agency; its budget; its organization; the number of 
employees; and the numbers, types, and grades of positions or employees 
assigned to an organizational unit, work project or tour of duty; the 
technology of performing its work; or its internal security practices. 
This does not preclude the parties from negotiating agreements providing 
appropriate arrangements for employees adversely affected by the impact 
of realignment of work forces or technological change.
    (c) If, in connection with negotiations, an issue develops as to 
whether a proposal is contrary to law, regulation, controlling 
agreement, or this order and therefore not negotiable, it shall be 
resolved as follows:
    (1) An issue which involves interpretation of a controlling 
agreement at a higher agency level is resolved under the procedures of 
the controlling agreement, or, if none, under agency regulations;
    (2) An issue other than as described in subparagraph (1) of this 
paragraph which arises at a local level may be referred by either party 
to the head of the agency for determination;
    (3) An agency head's determination as to the interpretation of the 
agency's regulations with respect to a proposal is final;
    (4) A labor organization may appeal to the Authority for a decision 
when--
    (i) it disagrees with an agency head's determination that a proposal 
would violate applicable law, regulation of appropriate authority 
outside the agency, or this order, or
    (ii) it believes that an agency's regulations, as interpreted by the 
agency head, violate applicable law, regulation of appropriate authority 
outside the agency, or this order, or are not otherwise applicable to 
bar negotiations under paragraph (a) of this section.
    (d) [Revoked by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055.]
    Sec. 12. Basic provisions of agreements. Each agreement between an 
agency and a labor organization is subject to the following 
requirements--
    (a) in the administration of all matters covered by the agreement, 
officials and employees are governed by existing or future laws and the 
regulations of appropriate authorities, including policies set forth in 
the Federal Personnel Manual; by published agency policies and 
regulations in existence at the time the agreement was approved; and by 
subsequently published agency policies and regulations required by law 
or by the regulations of appropriate authorities, or authorized by the 
terms of a controlling agreement at a higher agency level;
    (b) management officials of the agency retain the right, in 
accordance with applicable laws and regulations--
    (1) to direct employees of the agency;
    (2) to hire, promote, transfer, assign, and retain employees in 
positions within the agency, and to suspend, demote, discharge, or take 
other disciplinary action against employees;
    (3) to relieve employees from duties because of lack of work or for 
other legitimate reasons;
    (4) to maintain the efficiency of the Government operations 
entrusted to them;
    (5) to determine the methods, means, and personnel by which such 
operations are to be conducted; and
    (6) to take whatever actions may be necessary to carry out the 
mission of the agency in situations of emergency; and
    (c) nothing in the agreement shall require an employee to become or 
to remain a member of a labor organization, or to pay money to the 
organization except pursuant to a voluntary written authorization by a 
member for the payment of dues through payroll deductions. The 
requirements of this section shall be expressly stated in the initial or 
basic agreement and apply to all supplemental, implementing, subsidiary, 
or informal agreements between the agency and the organization.
    Sec. 13. Grievance and arbitration procedures. (a) An agreement 
between an agency and a labor organization shall provide a procedure, 
applicable only to the unit, for the consideration of grievances. The 
coverage and scope of the procedure shall be negotiated by the parties 
to the agreement with the exception that it may not cover matters for 
which a statutory appeal procedure exists and so long as it does not 
otherwise conflict with statute or this order. It shall be the exclusive 
procedure available to the parties and the employees in the unit for 
resolving grievances which fall within its coverage. However, any 
employee or group of employees in the unit may present such grievances 
to the agency and have them adjusted, without the intervention of the 
exclusive representative, as long as the adjustment is not inconsistent 
with the terms of the agreement and the exclusive representative has 
been given opportunity to be present at the adjustment.
    (b) A negotiated procedure may provide for arbitration of 
grievances. Arbitration may be invoked only by the agency or the 
exclusive representative. Either party may file exceptions to an 
arbitrator's award with the Authority, under regulations prescribed by 
the Authority.
    (c) [Revoked.]
    (d) Questions that cannot be resolved by the parties as to whether 
or not a grievance is on a matter for which a statutory appeal procedure 
exists, shall be referred to the Authority for decision. Other questions 
as to whether or not a grievance is on a matter subject to the grievance 
procedure in an existing agreement, or is subject to arbitration under 
that agreement, may by agreement of the parties be submitted to 
arbitration or may be referred to the Authority for decision.
    (e) [Revoked.]
    Sec. 14. [Revoked by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R. 
17319.]
    Sec. 15. Approval of agreements. An agreement with a labor 
organization as the exclusive representative of employees in a unit is 
subject to the approval of the head of the agency or an official 
designated by him. An agreement shall be approved within forty-five days 
from the date of its execution if it conforms to applicable laws, the 
order, existing published agency policies and regulations (unless the 
agency has granted an exception to a policy or regulation) and 
regulations of other appropriate authorities. An agreement which has not 
been approved or disapproved within forty-five days from the date of its 
execution shall go into effect without the required approval of the 
agency head and shall be binding on the parties subject to the 
provisions of law, the order and the regulations of appropriate 
authorities outside the agency. A local agreement subject to a national 
or other controlling agreement at a higher level shall be approved under 
the procedures of the controlling agreement, or, if none, under agency 
regulations.

                    Negotiation Disputes and Impasses

    Sec. 16. Negotiation disputes. The Federal Mediation and 
Conciliation Service shall provide services and assistance to Federal 
agencies and labor organizations in the resolution of negotiation 
disputes. The Service shall determine under what circumstances and in 
what manner it shall proffer its services.
    Sec. 17. Negotiation impasses. When voluntary arrangements, 
including the services of the Federal Mediation and Conciliation Service 
or other third-party mediation, fail to resolve a negotiation impasse, 
either party may request the Federal Service Impasses Panel to consider 
the matter. The Panel, in its discretion and under the regulations it 
prescribes, may consider the matter and may recommend procedures to the 
parties for the resolution of the impasse or may settle the impasse by 
appropriate action. Arbitration or third-party fact finding with 
recommendations to assist in the resolution of an impasse may be used by 
the parties only when authorized or directed by the Panel.

              Conduct of Labor Organizations and Management

    Sec. 18. Standards of conduct for labor organizations.
    (a) An agency shall accord recognition only to a labor organization 
that is free from corrupt influences and influences opposed to basic 
democratic principles. Except as provided in paragraph (b) of this 
section, an organization is not required to prove that it has the 
required freedom when it is subject to governing requirements adopted by 
the organization or by a national or international labor organization or 
federation of labor organizations with which it is affiliated or in 
which it participates, containing explicit and detailed provisions to 
which it subscribes calling for--
    (1) the maintenance of democratic procedures and practices, 
including provisions for periodic elections to be conducted subject to 
recognized safeguards and provisions defining and securing the right of 
individual members to participation in the affairs of the organization, 
to fair and equal treatment under the governing rules of the 
organization, and to fair process in disciplinary proceedings;
    (2) the exclusion from office in the organization of persons 
affiliated with Communist or other totalitarian movements and persons 
identified with corrupt influences;
    (3) the prohibition of business or financial interests on the part 
of organization officers and agents which conflict with their duty to 
the organization and its members; and
    (4) the maintenance of fiscal integrity in the conduct of the 
affairs of the organization, including provision for accounting and 
financial controls and regular financial reports or summaries to be made 
available to members.
    (b) Notwithstanding the fact that a labor organization has adopted 
or subscribed to standards of conduct as provided in paragraph (a) of 
this section, the organization is required to furnish evidence of its 
freedom from corrupt influences or influences opposed to basic 
democratic principles when there is reasonable cause to believe that--
    (1) the organization has been suspended or expelled from or is 
subject to other sanction by a parent labor organization or federation 
of organizations with which it had been affiliated because it has 
demonstrated an unwillingness or inability to comply with governing 
requirements comparable in purpose to those required by paragraph (a) of 
this section; or
    (2) the organization is in fact subject to influences that would 
preclude recognition under this Order.
    (c) A labor organization which has or seeks recognition as a 
representative of employees under this Order shall file financial and 
other reports, provide for bonding of officials and employees of the 
organization, and comply with trusteeship and election standards.
    (d) The Assistant Secretary shall prescribe the regulations needed 
to effectuate this section. These regulations shall conform generally to 
the principles applied to unions in the private sector. Complaints of 
violations of this section shall be filed with the Assistant Secretary.
    Sec. 19. Unfair labor practices. (a) Agency management shall not--
    (1) interfere with, restrain, or coerce an employee in the exercise 
of the rights assured by this Order;
    (2) encourage or discourage membership in a labor organization by 
discrimination in regard to hiring, tenure, promotion, or other 
conditions of employment;
    (3) sponsor, control, or otherwise assist a labor organization, 
except that an agency may furnish customary and routine services and 
facilities under section 23 of this Order when consistent with the best 
interests of the agency, its employees, and the organization, and when 
the services and facilities are furnished, if requested, on an impartial 
basis to organizations having equivalent status;
    (4) discipline or otherwise discriminate against an employee because 
he has filed a complaint or given testimony under this Order;
    (5) refuse to accord appropriate recognition to a labor organization 
qualified for such recognition; or
    (6) refuse to consult, confer, or negotiate with a labor 
organization as required by this Order.
    (b) A labor organization shall not--
    (1) interfere with, restrain, or coerce an employee in the exercise 
of his rights assured by this Order;
    (2) attempt to induce agency management to coerce an employee in the 
exercise of his rights under this Order;
    (3) coerce, attempt to coerce, or discipline, fine, or take other 
economic sanction against a member of the organization as punishment or 
reprisal for, or for the purpose of hindering or impeding his work 
performance, his productivity, or the discharge of his duties owed as an 
officer or employee of the United States;
    (4) call or engage in a strike, work stoppage, or slowdown; picket 
an agency in a labor-management dispute; or condone any such activity by 
failing to take affirmative action to prevent or stop it;
    (5) discriminate against an employee with regard to the terms or 
conditions of membership because of race, color, creed, sex, age, or 
national origin; or
    (6) refuse to consult, confer, or negotiate with an agency as 
required by this Order.
    (c) A labor organization which is accorded exclusive recognition 
shall not deny membership to any employee in the appropriate unit except 
for failure to meet reasonable occupational standards uniformly required 
for admission, or for failure to tender initiation fees and dues 
uniformly required as a condition of acquiring and retaining membership. 
This paragraph does not preclude a labor organization from enforcing 
discipline in accordance with procedures under its constitution or by-
laws which conform to the requirements of this Order.
    (d) Issues which can properly be raised under an appeals procedure 
may not be raised under this section. Issues which can be raised under a 
grievance procedure may, in the discretion of the aggrieved party, be 
raised under that procedure or the complaint procedure under this 
section, but not under both procedures. Appeals or grievance decisions 
shall not be construed as unfair labor practice decisions under this 
Order nor as precedent for such decisions. All complaints under this 
section that cannot be resolved by the parties shall be filed with the 
Authority.

                        Miscellaneous Provisions

    Sec. 20. Use of official time. Solicitation of membership or dues, 
and other internal business of a labor organization, shall be conducted 
during the non-duty hours of the employees concerned. Employees who 
represent a recognized labor organization shall not be on official time 
when negotiating an agreement with agency management, except to the 
extent that the negotiating parties agree to other arrangements which 
may provide that the agency will either authorize official time for up 
to 40 hours or authorize up to one-half the time spent in negotiations 
during regular working hours, for a reasonable number of employees, 
which number normally shall not exceed the number of management 
representatives.
     Sec. 21. Allotment of dues. (a) When a labor organization holds 
formal or exclusive recognition, and the agency and the organization 
agree in writing to this course of action, an agency may deduct the 
regular and periodic dues of the organization from the pay of members of 
the organization in the unit of recognition who make a voluntary 
allotment for that purpose, and shall recover the costs of making the 
deductions. Such an allotment is subject to the regulations of the 
Office of Personnel Management, which shall include provision for the 
employee to revoke his authorization at stated six-month intervals. Such 
an allotment terminates when--
    (1) the dues withholding agreement between the agency and the labor 
organization is terminated or ceases to be applicable to the employee; 
or
    (2) the employee has been suspended or expelled from the labor 
organization.
    (b) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
    Sec. 22. Adverse action appeals. The head of each agency, in 
accordance with the provisions of this Order and regulations prescribed 
by the Office of Personnel Management, shall extend to all employees in 
the competitive civil service rights identical in adverse action cases 
to those provided preference eligibles under sections 7511-7512 of title 
5 of the United States Code. Each employee in the competitive service 
shall have the right to appeal to the Merit Systems Protection Board 
from an adverse decision of the administrative officer so acting, such 
appeal to be processed in an identical manner to that provided for 
appeals under section 7701 of title 5 of the United States Code. Any 
recommendation by the Merit Systems Protection Board submitted to the 
head of an agency on the basis of an appeal by an employee in the 
competitive service shall be complied with by the head of the agency.
     Sec. 23. Agency implementation. No later than April 1, 1970, each 
agency shall issue appropriate policies and regulations consistent with 
this Order for its implementation. This includes but is not limited to a 
clear statement of the rights of its employees under this Order; 
procedures with respect to recognition of labor organizations, 
determination of appropriate units, consultation and negotiation with 
labor organizations, approval of agreements, mediation, and impasse 
resolution; policies with respect to the use of agency facilities by 
labor organizations; and policies and practices regarding consultation 
with other organizations and associations and individual employees. 
Insofar as practicable, agencies shall consult with representatives of 
labor organizations in the formulation of these policies and 
regulations.
    Sec. 24. Savings clauses. (a) This Order does not preclude--
    (1) the renewal or continuation of a lawful agreement between an 
agency and a representative of its employees entered into before the 
effective date of Executive Order No. 10988 (January 17, 1962); or
    (2) the renewal, continuation, or initial according of recognition 
for units of management officials or supervisors represented by labor 
organizations which historically or traditionally represent the 
management officials or supervisors in private industry and which hold 
exclusive recognition for units of such officials or supervisors in any 
agency on the date of this Order.
    (b) All grants of informal recognition under Executive Order No. 
10988 terminate on July 1, 1970.
    (c) All grants of formal recognition under Executive Order No. 10988 
terminate under regulations which the Federal Labor Relations Council 
shall issue before October 1, 1970.
    (d) By not later than December 31, 1970, all supervisors shall be 
excluded from units of formal and exclusive recognition and from 
coverage by negotiated agreements, except as provided in paragraph (a) 
of this section.
    Sec. 25. Guidance, training, review and information. (a) The Office 
of Personnel Management, in conjunction with the Director of the Office 
of Management and Budget, shall establish and maintain a program for the 
policy guidance of agencies on labor-management relations in the Federal 
service and shall periodically review the implementation of these 
policies. The Office of Personnel Management shall be responsible for 
the day-to-day policy guidance under that program. The Office of 
Personnel Management also shall continuously review the operation of the 
Federal labor-management relations program to assist in assuring 
adherence to its provisions and merit system requirements; implement 
technical advice and information programs for the agencies; assist in 
the development of programs for training agency personnel and management 
officials in labor-management relations; and, from time to time, report 
to the Authority on the state of the program with any recommendations 
for its improvement.
    (b) The Office of Personnel Management shall develop programs for 
the collection and dissemination of information appropriate to the needs 
of agencies, organizations and the public.
    Sec. 26. Effective date. This Order is effective on January 1, 1970, 
except sections 7(f) and 8 which are effective immediately. Effective 
January 1, 1970, Executive Order No. 10988 and the President's 
Memorandum of May 21, 1963, entitled Standards of Conduct for Employee 
Organizations and Code of Fair Labor Practices, are revoked.
    [For abolition of United States Information Agency (other than 
Broadcasting Board of Governors and International Broadcasting Bureau), 
transfer of functions, and treatment of references thereto, see sections 
6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]

            Ex. Ord. No. 12871. Labor-Management Partnerships

    Ex. Ord. No. 12871, Oct. 1, 1993, 58 F.R. 52201, as amended by Ex. 
Ord. No. 12983, Dec. 21, 1995, 60 F.R. 66855; Ex. Ord. No. 13156, 
Sec. 1, May 17, 2000, 65 F.R. 31785, provided:
    The involvement of Federal Government employees and their union 
representatives is essential to achieving the National Performance 
Review's Government reform objectives. Only by changing the nature of 
Federal labor-management relations so that managers, employees, and 
employees' elected union representatives serve as partners will it be 
possible to design and implement comprehensive changes necessary to 
reform Government. Labor-management partnerships will champion change in 
Federal Government agencies to transform them into organizations capable 
of delivering the highest quality services to the American people.
    By the authority vested in me as President by the Constitution and 
the laws of the United States, including section 301 of title 3, United 
States Code, and in order to establish a new form of labor-management 
relations throughout the executive branch to promote the principles and 
recommendations adopted as a result of the National Performance Review, 
it is hereby ordered:
    Section 1. The National Partnership Council. (a) Establishment and 
Membership. There is established the National Partnership Council 
(``Council''). The Council shall comprise the following members 
appointed by the President:
    (1) Director of the Office of Personnel Management (``OPM'');
    (2) Deputy Secretary of Labor;
    (3) Deputy Director for Management, Office of Management and Budget;
    (4) Chair, Federal Labor Relations Authority;
    (5) Federal Mediation and Conciliation Director;
    (6) President, American Federation of Government Employees, AFL-CIO;
    (7) President, National Federation of Federal Employees;
    (8) President, National Treasury Employees Union;
    (9) Secretary-Treasurer of the Public Employees Department, AFL-CIO;
    (10) A deputy Secretary or other officer with department- or agency-
wide authority from three executive departments or agencies (hereafter 
collectively ``agency''), not otherwise represented on the Council; and
    (11) one elected office holder each from both the Senior Executives 
Association and the Federal Managers Association.
    Members shall have 2-year terms on the Council, which may be 
extended by the President.
    (b) Responsibilities and Functions. The Council shall advise the 
President on matters involving labor-management relations in the 
executive branch. Its activities shall include:
    (1) supporting the creation of labor-management partnerships and 
promoting partnership efforts in the executive branch, to the extent 
permitted by law;
    (2) proposing to the President by January 1994 statutory changes 
necessary to achieve the objectives of this order, including legislation 
consistent with the National Performance Review's recommendations for 
the creation of a flexible and responsive hiring system and the reform 
of the General Schedule classification system;
    (3) collecting and disseminating information about, and providing 
guidance on, partnership efforts in the executive branch, including 
results achieved, to the extent permitted by law;
    (4) utilizing the expertise of individuals both within and outside 
the Federal Government to foster partnership arrangements;
    (5) working with the President's Management Council toward reform 
consistent with the National Performance Review's recommendations 
throughout the executive branch; and
    (6) reporting to the President by October 1996 on the progress of 
and results achieved through labor-management partnership throughout the 
executive branch.
    (c) Administration. (1) The President shall designate a member of 
the Council who is a full-time Federal employee to serve as Chairperson. 
The responsibilities of the Chairperson shall include scheduling 
meetings of the Council.
    (2) The Council shall seek input from nonmember Federal agencies, 
particularly smaller agencies. It also may, from time to time, invite 
experts from the private and public sectors to submit information. The 
Council shall also seek input from Federal manager and professional 
associations, companies, nonprofit organizations, State and local 
governments. Federal employees, and customers of Federal services, as 
needed.
    (3) To the extent permitted by law and subject to the availability 
of appropriations, OPM shall provide such facilities, support, and 
administrative services to the Council as the Director of OPM deems 
appropriate.
    (4) Members of the Council shall serve without compensation for 
their work on the Council, but may be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by law, for persons 
serving intermittently in Government service.
    (5) All agencies shall, to the extent permitted by law, provide to 
the Council such assistance, information, and advice as the Council may 
request.
    (d) General. (1) I have determined that the Council shall be 
established in compliance with the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.).
    (2) Notwithstanding any other executive order, the functions of the 
President under the Federal Advisory Committee Act, as amended, except 
that of reporting to the Congress, that are applicable to the Council, 
shall be performed by the Director of OPM, in accordance with guidelines 
and procedures issued by the Administrator of General Services.
    (3) The Council shall exist for a period of 2 years from the date of 
this order, unless extended.
    (4) Members of the Council who are not otherwise officers or 
employees of the Federal Government shall serve in a representative 
capacity and shall not be considered special Government employees for 
any purpose.
    Sec. 2. Implementation of Labor-Management Partnerships Throughout 
the Executive Branch. The head of each agency subject to the provisions 
of chapter 71 of title 5, United States Code shall:
    (a) create labor-management partnerships by forming labor-management 
committees or councils at appropriate levels, or adapting existing 
councils or committees if such groups exist, to help reform Government;
    (b) involve employees and their union representatives as full 
partners with management representatives to identify problems and craft 
solutions to better serve the agency's customers and mission;
    (c) provide systematic training of appropriate agency employees 
(including line managers, first line supervisors, and union 
representatives who are Federal employees) in consensual methods of 
dispute resolution, such as alternative dispute resolution techniques 
and interest-based bargaining approaches;
    (d) negotiate over the subjects set forth in 5 U.S.C. 7106(b)(1), 
and instruct subordinate officials to do the same; and
    (e) evaluate progress and improvements in organizational performance 
resulting from the labor-management partnerships.
    Sec. 3. No Administrative or Judicial Review. This order is intended 
only to improve the internal management of the executive branch and is 
not intended to, and does not, create any right to administrative or 
judicial review, or any other right, substantive or procedural, 
enforceable by a party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
                                                     William J. Clinton.

            Extension of Term of National Partnership Council

    Term of the National Partnership Council extended until Sept. 30, 
1997, by Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, formerly set 
out as a note under section 14 of the Federal Advisory Committee Act in 
the Appendix to this title.
    Term of the National Partnership Council extended until Sept. 30, 
1999, by Ex. Ord. No. 13062, Sec. 1(c), Sept. 29, 1997, 62 F.R. 51755, 
formerly set out as a note under section 14 of the Federal Advisory 
Committee Act in the Appendix to this title.
    Term of the National Partnership Council extended until Sept. 30, 
2001, by Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, set out as a 
note under section 14 of the Federal Advisory Committee Act in the 
Appendix to this title.
