
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7011]

 
                          TITLE 7--AGRICULTURE
 
          CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
 
         SUBCHAPTER IX--MISCELLANEOUS REORGANIZATION PROVISIONS
 
Sec. 7011. Successorship provisions relating to bargaining units 
        and exclusive representatives
        

(a) Voluntary agreement

                           (1) In general

        If the exercise of the Secretary's authority under this chapter 
    results in changes to an existing bargaining unit that has been 
    certified under chapter 71 of title 5, the affected parties shall 
    attempt to reach a voluntary agreement on a new bargaining unit and 
    an exclusive representative for such unit.

                            (2) Criteria

        In carrying out the requirements of this subsection, the 
    affected parties shall use criteria set forth in--
            (A) sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 of 
        title 5, relating to determining an exclusive representative; 
        and
            (B) section 7112 of title 5 (disregarding subsections (b)(5) 
        and (d) thereof), relating to determining appropriate units.

(b) Effect of an agreement

                           (1) In general

        If the affected parties reach agreement on the appropriate unit 
    and the exclusive representative for such unit under subsection (a) 
    of this section, the Federal Labor Relations Authority shall certify 
    the terms of such agreement, subject to paragraph (2)(A). Nothing in 
    this subsection shall be considered to require the holding of any 
    hearing or election as a condition for certification.

                          (2) Restrictions

        (A) Conditions requiring noncertification

            The Federal Labor Relations Authority may not certify the 
        terms of an agreement under paragraph (1) if--
                (i) it determines that any of the criteria referred to 
            in subsection (a)(2) of this section (disregarding section 
            7112(a) of title 5) have not been met; or
                (ii) after the Secretary's exercise of authority and 
            before certification under this section, a valid election 
            under section 7111(b) of title 5 is held covering any 
            employees who would be included in the unit proposed for 
            certification.

        (B) Temporary waiver of provision that would bar an election 
                after a collective bargaining agreement is reached

            Nothing in section 7111(f)(3) of title 5 shall prevent the 
        holding of an election under section 7111(b) of such title that 
        covers employees within a unit certified under paragraph (1), or 
        giving effect to the results of such an election (including a 
        decision not to be represented by any labor organization), if 
        the election is held before the end of the 12-month period 
        beginning on the date such unit is so certified.

        (C) Clarification

            The certification of a unit under paragraph (1) shall not, 
        for purposes of the last sentence of section 7111(b) of title 5 
        or section 7111(f)(4) of such title, be treated as if it had 
        occurred pursuant to an election.

                           (3) Delegation

        (A) In general

            The Federal Labor Relations Authority may delegate to any 
        regional director (as referred to in section 7105(e) of title 5) 
        its authority under the preceding provisions of this subsection.

        (B) Review

            Any action taken by a regional director under subparagraph 
        (A) shall be subject to review under the provisions of section 
        7105(f) of title 5 in the same manner as if such action had been 
        taken under section 7105(e) of such title, except that in the 
        case of a decision not to certify, such review shall be required 
        if application therefor is filed by an affected party within the 
        time specified in such provisions.

(c) ``Affected party'' defined

    For purposes of this section, the term ``affected party'' means--
        (1) with respect to an exercise of authority by the Secretary 
    under this chapter, any labor organization affected thereby; and
        (2) the Department of Agriculture.

(Pub. L. 103-354, title II, Sec. 291, Oct. 13, 1994, 108 Stat. 3235.)

                       References in Text

    This chapter, referred to in subsecs. (a)(1) and (c)(1), was in the 
original ``this title'', meaning title II of Pub. L. 103-354, Oct. 13, 
1994, 108 Stat. 3209, known as the Department of Agriculture 
Reorganization Act of 1994. For complete classification of title II to 
the Code, see Short Title note set out under section 6901 of this title 
and Tables.
