7 USC 7011 - Successorship provisions relating to bargaining units and exclusive representatives

U.S Code last checked for updates: Nov 27, 2024

§ 7011.

Successorship provisions relating to bargaining units and exclusive representatives

(a)

Voluntary agreement

(1)

In general

(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

(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) (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

(C)

Clarification

(3)

Delegation

(A)

In general

(B)

Review

(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, § 291, Oct. 13, 1994, 108 Stat. 3235.)

cite as: 7 USC 7011