
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: 5USC7117]

 
             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. 7117. Duty to bargain in good faith; compelling need; duty 
        to consult
        
    (a)(1) Subject to paragraph (2) of this subsection, the duty to 
bargain in good faith shall, to the extent not inconsistent with any 
Federal law or any Government-wide rule or regulation, extend to matters 
which are the subject of any rule or regulation only if the rule or 
regulation is not a Government-wide rule or regulation.
    (2) The duty to bargain in good faith shall, to the extent not 
inconsistent with Federal law or any Government-wide rule or regulation, 
extend to matters which are the subject of any agency rule or regulation 
referred to in paragraph (3) of this subsection only if the Authority 
has determined under subsection (b) of this section that no compelling 
need (as determined under regulations prescribed by the Authority) 
exists for the rule or regulation.
    (3) Paragraph (2) of the subsection applies to any rule or 
regulation issued by any agency or issued by any primary national 
subdivision of such agency, unless an exclusive representative 
represents an appropriate unit including not less than a majority of the 
employees in the issuing agency or primary national subdivision, as the 
case may be, to whom the rule or regulation is applicable.
    (b)(1) In any case of collective bargaining in which an exclusive 
representative alleges that no compelling need exists for any rule or 
regulation referred to in subsection (a)(3) of this section which is 
then in effect and which governs any matter at issue in such collective 
bargaining, the Authority shall determine under paragraph (2) of this 
subsection, in accordance with regulations prescribed by the Authority, 
whether such a compelling need exists.
    (2) For the purpose of this section, a compelling need shall be 
determined not to exist for any rule or regulation only if--
        (A) the agency, or primary national subdivision, as the case may 
    be, which issued the rule or regulation informs the Authority in 
    writing that a compelling need for the rule or regulation does not 
    exist; or
        (B) the Authority determines that a compelling need for a rule 
    or regulation does not exist.

    (3) A hearing may be held, in the discretion of the Authority, 
before a determination is made under this subsection. If a hearing is 
held, it shall be expedited to the extent practicable and shall not 
include the General Counsel as a party.
    (4) The agency, or primary national subdivision, as the case may be, 
which issued the rule or regulation shall be a necessary party at any 
hearing under this subsection.
    (c)(1) Except in any case to which subsection (b) of this section 
applies, if an agency involved in collective bargaining with an 
exclusive representative alleges that the duty to bargain in good faith 
does not extend to any matter, the exclusive representative may appeal 
the allegation to the Authority in accordance with the provisions of 
this subsection.
    (2) The exclusive representative may, on or before the 15th day 
after the date on which the agency first makes the allegation referred 
to in paragraph (1) of this subsection, institute an appeal under this 
subsection by--
        (A) filing a petition with the Authority; and
        (B) furnishing a copy of the petition to the head of the agency.

    (3) On or before the 30th day after the date of the receipt by the 
head of the agency of the copy of the petition under paragraph (2)(B) of 
this subsection, the agency shall--
        (A) file with the Authority a statement--
            (i) withdrawing the allegation; or
            (ii) setting forth in full its reasons supporting the 
        allegation; and

        (B) furnish a copy of such statement to the exclusive 
    representative.

    (4) On or before the 15th day after the date of the receipt by the 
exclusive representative of a copy of a statement under paragraph (3)(B) 
of this subsection, the exclusive representative shall file with the 
Authority its response to the statement.
    (5) A hearing may be held in the discretion of the Authority, before 
a determination is made under this subsection. If a hearing is held, it 
shall not include the General Counsel as a party.
    (6) The Authority shall expedite proceedings under this subsection 
to the extent practicable and shall issue to the exclusive 
representative and to the agency a written decision on the allegation 
and specific reasons therefore at the earliest practicable date.
    (d)(1) A labor organization which is the exclusive representative of 
a substantial number of employees, determined in accordance with 
criteria prescribed by the Authority, shall be granted consultation 
rights by any agency with respect to any Government-wide rule or 
regulation issued by the agency effecting any substantive change in any 
condition of employment. Such consultation rights shall terminate when 
the labor organization no longer meets the criteria prescribed by the 
Authority. Any issue relating to a labor organization's eligibility for, 
or continuation of, such consultation rights shall be subject to 
determination by the Authority.
    (2) A labor organization having consultation rights under paragraph 
(1) of this subsection shall--
        (A) be informed of any substantive change in conditions of 
    employment proposed by the agency, and
        (B) shall be permitted reasonable time to present its views and 
    recommendations regarding the changes.

    (3) If any views or recommendations are presented under paragraph 
(2) 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.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1205.)


    Partial Suspension of Federal Service Labor-Management Relations

    Subsec. (b) of this section suspended with regard to any regulation 
governing the implementation by the United States Forces, and subsec. 
(c) of this section suspended with respect to any matter proposed for 
bargaining which would substantially impair 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(b), (c) 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 sections 5514, 7105 of this title; 
title 2 section 1351.
