
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: 5USC7120]

 
             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. 7120. Standards of conduct for labor organizations

    (a) An agency shall only accord recognition to a labor organization 
that is free from corrupt influences and influences opposed to basic 
democratic principles. Except as provided in subsection (b) of this 
section, an organization is not required to prove that it is free from 
such influences if it is subject to governing requirements adopted by 
the organization or by a national or international labor organization or 
federation of labor organizations with which it is affiliated, or in 
which it participates, containing explicit and detailed provisions to 
which it subscribes calling for--
        (1) the maintenance of democratic procedures and practices 
    including provisions for periodic elections to be conducted subject 
    to recognized safeguards and provisions defining and securing the 
    right of individual members to participate in the affairs of the 
    organization, to receive fair and equal treatment under the 
    governing rules of the organization, and to receive fair process in 
    disciplinary proceedings;
        (2) the exclusion from office in the organization of persons 
    affiliated with communist or other totalitarian movements and 
    persons identified with corrupt influences;
        (3) the prohibition of business or financial interests on the 
    part of organization officers and agents which conflict with their 
    duty to the organization and its members; and
        (4) the maintenance of fiscal integrity in the conduct of the 
    affairs of the organization, including provisions for accounting and 
    financial controls and regular financial reports or summaries to be 
    made available to members.

    (b) Notwithstanding the fact that a labor organization has adopted 
or subscribed to standards of conduct as provided in subsection (a) of 
this section, the organization is required to furnish evidence of its 
freedom from corrupt influences or influences opposed to basic 
democratic principles if there is reasonable cause to believe that--
        (1) the organization has been suspended or expelled from, or is 
    subject to other sanction, by a parent labor organization, or 
    federation of organizations with which it had been affiliated, 
    because it has demonstrated an unwillingness or inability to comply 
    with governing requirements comparable in purpose to those required 
    by subsection (a) of this section; or
        (2) the organization is in fact subject to influences that would 
    preclude recognition under this chapter.

    (c) A labor organization which has or seeks recognition as a 
representative of employees under this chapter shall file financial and 
other reports with the Assistant Secretary of Labor for Labor Management 
Relations, provide for bonding of officials and employees of the 
organization, and comply with trusteeship and election standards.
    (d) The Assistant Secretary shall prescribe such regulations as are 
necessary to carry out the purposes of this section. Such regulations 
shall conform generally to the principles applied to labor organizations 
in the private sector. Complaints of violations of this section shall be 
filed with the Assistant Secretary. In any matter arising under this 
section, the Assistant Secretary may require a labor organization to 
cease and desist from violations of this section and require it to take 
such actions as he considers appropriate to carry out the policies of 
this section.
    (e) This chapter does not authorize participation in the management 
of a labor organization or acting as a representative of a labor 
organization by a management official, a supervisor, or a confidential 
employee, except as specifically provided in this chapter, or by an 
employee if the participation or activity would result in a conflict or 
apparent conflict of interest or would otherwise be incompatible with 
law or with the official duties of the employee.
    (f) In the case of any labor organization which by omission or 
commission has willfully and intentionally, with regard to any strike, 
work stoppage, or slowdown, violated section 7116(b)(7) of this title, 
the Authority shall, upon an appropriate finding by the Authority of 
such violation--
        (1) revoke the exclusive recognition status of the labor 
    organization, which shall then immediately cease to be legally 
    entitled and obligated to represent employees in the unit; or
        (2) take any other appropriate disciplinary action.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1210.)

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1351; title 7 section 
7011.
