
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: 5USC7112]

 
             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. 7112. Determination of appropriate units for labor 
        organization representation
        
    (a) The Authority shall determine the appropriateness of any unit. 
The Authority shall determine in each case whether, in order to ensure 
employees the fullest freedom in exercising the rights guaranteed under 
this chapter, the appropriate unit should be established on an agency, 
plant, installation, functional, or other basis and shall determine any 
unit to be an appropriate unit only if the determination will ensure a 
clear and identifiable community of interest among the employees in the 
unit and will promote effective dealings with, and efficiency of the 
operations of the agency involved.
    (b) A unit shall not be determined to be appropriate under this 
section solely on the basis of the extent to which employees in the 
proposed unit have organized, nor shall a unit be determined to be 
appropriate if it includes--
        (1) except as provided under section 7135(a)(2) of this title, 
    any management official or supervisor;
        (2) a confidential employee;
        (3) an employee engaged in personnel work in other than a purely 
    clerical capacity;
        (4) an employee engaged in administering the provisions of this 
    chapter;
        (5) both professional employees and other employees, unless a 
    majority of the professional employees vote for inclusion in the 
    unit;
        (6) any employee engaged in intelligence, counterintelligence, 
    investigative, or security work which directly affects national 
    security; or
        (7) any employee primarily engaged in investigation or audit 
    functions relating to the work of individuals employed by an agency 
    whose duties directly affect the internal security of the agency, 
    but only if the functions are undertaken to ensure that the duties 
    are discharged honestly and with integrity.

    (c) Any employee who is engaged in administering any provision of 
law relating to labor-management relations may not be represented by a 
labor organization--
        (1) which represents other individuals to whom such provision 
    applies; or
        (2) which is affiliated directly or indirectly with an 
    organization which represents other individuals to whom such 
    provision applies.

    (d) Two or more units which are in an agency and for which a labor 
organization is the exclusive representative may, upon petition by the 
agency or labor organization, be consolidated with or without an 
election into a single larger unit if the Authority considers the larger 
unit to be appropriate. The Authority shall certify the labor 
organization as the exclusive representative of the new larger unit.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1200; amended Pub. L. 102-378, Sec. 2(54), Oct. 2, 1992, 106 Stat. 
1354.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-378 struck out ``(1)'' after subsec. 
(a) designation.

                  Section Referred to in Other Sections

    This section is referred to in sections 7105, 7123 of this title; 
title 2 section 1351; title 7 section 7011.
