
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: 5USC7111]

 
             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. 7111. Exclusive recognition of labor organizations

    (a) An agency shall accord exclusive recognition to a labor 
organization if the organization has been selected as the 
representative, in a secret ballot election, by a majority of the 
employees in an appropriate unit who cast valid ballots in the election.
    (b) If a petition is filed with the Authority--
        (1) by any person alleging--
            (A) in the case of an appropriate unit for which there is no 
        exclusive representative, that 30 percent of the employees in 
        the appropriate unit wish to be represented for the purpose of 
        collective bargaining by an exclusive representative, or
            (B) in the case of an appropriate unit for which there is an 
        exclusive representative, that 30 percent of the employees in 
        the unit allege that the exclusive representative is no longer 
        the representative of the majority of the employees in the unit; 
        or

        (2) by any person seeking clarification of, or an amendment to, 
    a certification then in effect or a matter relating to 
    representation;

the Authority shall investigate the petition, and if it has reasonable 
cause to believe that a question of representation exists, it shall 
provide an opportunity for a hearing (for which a transcript shall be 
kept) after a reasonable notice. If the Authority finds on the record of 
the hearing that a question of representation exists, the Authority 
shall supervise or conduct an election on the question by secret ballot 
and shall certify the results thereof. An election under this subsection 
shall not be conducted in any appropriate unit or in any subdivision 
thereof within which, in the preceding 12 calendar months, a valid 
election under this subsection has been held.
    (c) A labor organization which--
        (1) has been designated by at least 10 percent of the employees 
    in the unit specified in any petition filed pursuant to subsection 
    (b) of this section;
        (2) has submitted a valid copy of a current or recently expired 
    collective bargaining agreement for the unit; or
        (3) has submitted other evidence that it is the exclusive 
    representative of the employees involved;

may intervene with respect to a petition filed pursuant to subsection 
(b) of this section and shall be placed on the ballot of any election 
under such subsection (b) with respect to the petition.
    (d) The Authority shall determine who is eligible to vote in any 
election under this section and shall establish rules governing any such 
election, which shall include rules allowing employees eligible to vote 
the opportunity to choose--
        (1) from labor organizations on the ballot, that labor 
    organization which the employees wish to have represent them; or
        (2) not to be represented by a labor organization.

In any election in which no choice on the ballot receives a majority of 
the votes cast, a runoff election shall be conducted between the two 
choices receiving the highest number of votes. A labor organization 
which receives the majority of the votes cast in an election shall be 
certified by the Authority as the exclusive representative.
    (e) A labor organization seeking exclusive recognition shall submit 
to the Authority and the agency involved a roster of its officers and 
representatives, a copy of its constitution and bylaws, and a statement 
of its objectives.
    (f) Exclusive recognition shall not be accorded to a labor 
organization--
        (1) if the Authority determines that the labor organization is 
    subject to corrupt influences or influences opposed to democratic 
    principles;
        (2) in the case of a petition filed pursuant to subsection 
    (b)(1)(A) of this section, if there is not credible evidence that at 
    least 30 percent of the employees in the unit specified in the 
    petition wish to be represented for the purpose of collective 
    bargaining by the labor organization seeking exclusive recognition;
        (3) if there is then in effect a lawful written collective 
    bargaining agreement between the agency involved and an exclusive 
    representative (other than the labor organization seeking exclusive 
    recognition) covering any employees included in the unit specified 
    in the petition, unless--
            (A) the collective bargaining agreement has been in effect 
        for more than 3 years, or
            (B) the petition for exclusive recognition is filed not more 
        than 105 days and not less than 60 days before the expiration 
        date of the collective bargaining agreement; or

        (4) if the Authority has, within the previous 12 calendar 
    months, conducted a secret ballot election for the unit described in 
    any petition under this section and in such election a majority of 
    the employees voting chose a labor organization for certification as 
    the unit's exclusive representative.

    (g) Nothing in this section shall be construed to prohibit the 
waiving of hearings by stipulation for the purpose of a consent election 
in conformity with regulations and rules or decisions of the Authority.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1199.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7103, 7105 of this title; 
title 2 section 1351; title 7 section 7011; title 10 sections 461, 2467; 
title 49 section 40122.
