
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: 5USC7113]

 
             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. 7113. National consultation rights

    (a) If, in connection with any agency, no labor organization has 
been accorded exclusive recognition on an agency basis, a labor 
organization which is the exclusive representative of a substantial 
number of the employees of the agency, as determined in accordance with 
criteria prescribed by the Authority, shall be granted national 
consultation rights by the agency. National consultation rights shall 
terminate when the labor organization no longer meets the criteria 
prescribed by the Authority. Any issue relating to any labor 
organization's eligibility for, or continuation of, national 
consultation rights shall be subject to determination by the Authority.
    (b)(1) Any labor organization having national consultation rights in 
connection with any agency under subsection (a) of this section shall--
        (A) be informed of any substantive change in conditions of 
    employment proposed by the agency, and
        (B) be permitted reasonable time to present its views and 
    recommendations regarding the changes.

    (2) If any views or recommendations are presented under paragraph 
(1) of this subsection to an agency by any labor organization--
        (A) the agency shall consider the views or recommendations 
    before taking final action on any matter with respect to which the 
    views or recommendations are presented; and
        (B) the agency shall provide the labor organization a written 
    statement of the reasons for taking the final action.

    (c) Nothing in this section shall be construed to limit the right of 
any agency or exclusive representative to engage in collective 
bargaining.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1201; amended Pub. L. 102-378, Sec. 2(55), 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 section 7105 of this title; title 2 
section 1351.
