
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7105]

 
             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. 7105. Powers and duties of the Authority

    (a)(1) The Authority shall provide leadership in establishing 
policies and guidance relating to matters under this chapter, and, 
except as otherwise provided, shall be responsible for carrying out the 
purpose of this chapter.
    (2) The Authority shall, to the extent provided in this chapter and 
in accordance with regulations prescribed by the Authority--
        (A) determine the appropriateness of units for labor 
    organization representation under section 7112 of this title;
        (B) supervise or conduct elections to determine whether a labor 
    organization has been selected as an exclusive representative by a 
    majority of the employees in an appropriate unit and otherwise 
    administer the provisions of section 7111 of this title relating to 
    the according of exclusive recognition to labor organizations;
        (C) prescribe criteria and resolve issues relating to the 
    granting of national consultation rights under section 7113 of this 
    title;
        (D) prescribe criteria and resolve issues relating to 
    determining compelling need for agency rules or regulations under 
    section 7117(b) of this title;
        (E) resolves issues relating to the duty to bargain in good 
    faith under section 7117(c) of this title;
        (F) prescribe criteria relating to the granting of consultation 
    rights with respect to conditions of employment under section 
    7117(d) of this title;
        (G) conduct hearings and resolve complaints of unfair labor 
    practices under section 7118 of this title;
        (H) resolve exceptions to arbitrator's awards under section 7122 
    of this title; and
        (I) take such other actions as are necessary and appropriate to 
    effectively administer the provisions of this chapter.

    (b) The Authority shall adopt an official seal which shall be 
judicially noticed.
    (c) The principal office of the Authority shall be in or about the 
District of Columbia, but the Authority may meet and exercise any or all 
of its powers at any time or place. Except as otherwise expressly 
provided by law, the Authority may, by one or more of its members or by 
such agents as it may designate, make any appropriate inquiry necessary 
to carry out its duties wherever persons subject to this chapter are 
located. Any member who participates in the inquiry shall not be 
disqualified from later participating in a decision of the Authority in 
any case relating to the inquiry.
    (d) The Authority shall appoint an Executive Director and such 
regional directors, administrative law judges under section 3105 of this 
title, and other individuals as it may from time to time find necessary 
for the proper performance of its functions. The Authority may delegate 
to officers and employees appointed under this subsection authority to 
perform such duties and make such expenditures as may be necessary.
    (e)(1) The Authority may delegate to any regional director its 
authority under this chapter--
        (A) to determine whether a group of employees is an appropriate 
    unit;
        (B) to conduct investigations and to provide for hearings;
        (C) to determine whether a question of representation exists and 
    to direct an election; and
        (D) to supervise or conduct secret ballot elections and certify 
    the results thereof.

    (2) The Authority may delegate to any administrative law judge 
appointed under subsection (d) of this section its authority under 
section 7118 of this title to determine whether any person has engaged 
in or is engaging in an unfair labor practice.
    (f) If the Authority delegates any authority to any regional 
director or administrative law judge to take any action pursuant to 
subsection (e) of this section, the Authority may, upon application by 
any interested person filed within 60 days after the date of the action, 
review such action, but the review shall not, unless specifically 
ordered by the Authority, operate as a stay of action. The Authority may 
affirm, modify, or reverse any action reviewed under this subsection. If 
the Authority does not undertake to grant review of the action under 
this subsection within 60 days after the later of--
        (1) the date of the action; or
        (2) the date of the filing of any application under this 
    subsection for review of the action;

the action shall become the action of the Authority at the end of such 
60-day period.
    (g) In order to carry out its functions under this chapter, the 
Authority may--
        (1) hold hearings;
        (2) administer oaths, take the testimony or deposition of any 
    person under oath, and issue subpenas as provided in section 7132 of 
    this title; and
        (3) may require an agency or a labor organization to cease and 
    desist from violations of this chapter and require it to take any 
    remedial action it considers appropriate to carry out the policies 
    of this chapter.

    (h) Except as provided in section 518 of title 28, relating to 
litigation before the Supreme Court, attorneys designated by the 
Authority may appear for the Authority and represent the Authority in 
any civil action brought in connection with any function carried out by 
the Authority pursuant to this title or as otherwise authorized by law.
    (i) In the exercise of the functions of the Authority under this 
title, the Authority may request from the Director of the Office of 
Personnel Management an advisory opinion concerning the proper 
interpretation of rules, regulations, or policy directives issued by the 
Office of Personnel Management in connection with any matter before the 
Authority.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1196.)


    Partial Suspension of Federal Service Labor-Management Relations

    Subsec. (a)(2)(D), (E), (G), and (H) of this section suspended with 
respect to any matter which substantially impairs 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(a) 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 section 7118 of this title; title 2 
section 1351; title 7 section 7011.
