U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart F— Labor-Management and Employee Relations › Chapter CHAPTER 71— LABOR-MANAGEMENT RELATIONS › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

5 U.S.C. § 7102

Employees’ rights

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Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right—(1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and(2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192.)Editorial NotesPrior Provisions

A prior section 7102, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, related to right of employees to petition Congress, prior to the general amendment of this chapter by Pub. L. 95–454. See section 7211 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.

Partial Suspension of Federal Service Labor-Management Relations

Par. (2) 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) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title.

Notes of Decisions
Cited in 149 cases (7 in the last 5 years), 1968–2026 · leading case: Janus v. State, Cnty., & Mun. Employees, 138 S. Ct. 2448 (2018).
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Janus v. State, Cnty., & Mun. Employees, 138 S. Ct. 2448 (2018). “See 5 U. S. C. §§7102 , 7111(a), 7114(a). Nevertheless, nearly a million federal employees—about 27% of the federal work force—are union members.”
Dep't of the Air Force, 315th Airlift Wing v. Fed. Labor Relations Auth., 294 F.3d 192 (D.C. Cir. 2002). · cites it 5× “The Air Force argues that the conduct of the union official is unprotected under the applicable federal *194 labor laws, 5 U.S.C. § 7102 , and that the FLRA has both misapplied its own precedent regarding “flagrant misconduct” and improperly interpreted 5 U.”
Am. Fed'n of Govt. v. Donald Trump, 929 F.3d 748 (D.C. Cir. 2019). “See 5 U.S.C. §§ 7102 (2), 7103(a)(14), 7106, 7114, 7117(a)(1) ; ATF , 464 U.”
Pension Benefit Guar. Corp. v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 967 F.2d 658 (D.C. Cir. 1992). · cites it 4× “§ 7116 (a)(1) and (2) 4 for engaging in protected activity under 5 U.S.C. § 7102 . 5 A hearing was held before an AU who heard the testimony of Flowe, Beck, Linde-mann, Tobin, Hertz, Gabriel, Morrison, Poll, Adams 6 and Power.”
Edwin F. Fernandez v. Michael Chertoff, 1 Sec'y, Dep't of Homeland Sec., Docket No. 05-0426-Cv, 471 F.3d 45 (2d Cir. 2006). “The Act recognizes the right of federal employees to form and join unions, 5 U.S.C. § 7102 , and imposes upon management officials and employee unions the duty to “negotiate in good faith for the purposes of arriving at a collective bargaining agreement.”
Dep't of the Treasury v. Fed. Labor Relations Auth., 494 U.S. 922 (1990). · cites it 2× “The Act recognizes the right of federal employees to form and join unions, 5 U. S. C. § 7102 , and imposes upon management officials and employee unions the duty to "negotiate in good faith for the purposes of arriving at a collective bargaining agreement.”
Bureau of Alcohol, Tobacco & Firearms v. Fed. Labor Relations Auth., 464 U.S. 89 (1983). “5 U. S. C. §§ 7102 (a)(2) and (3) (1982 ed.”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 745 F.3d 1219 (D.C. Cir. 2014). · cites it 2× “The Federal Service Labor-Management Relations Statute (“the Statute”) requires agencies to bargain in good faith with their employees’ recognized representative regarding “conditions of employment,” 5 U.S.C. §§ 7102 (2), 7103(a)(12), 7114(a)(4), (b), which include “personnel…”
Am. Fed'n of Gov't Employees v. Shinseki, 821 F. Supp. 2d 337 (D.D.C. 2011). · cites it 7× “; see 5 U.S.C. § 7102 (providing that “[e]ach employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right.”
Am. Fed'n of Gov't Employees, Afl-Cio, Local 2953 v. Fed. Labor Relations Auth., 730 F.2d 1534 (D.C. Cir. 1984). · cites it 2× “5 U.S.C. §§ 7102 and 7111. A labor organization securing the majority support of employees within an appropriate bargaining unit is accorded the status of exclusive bargaining representative of the employees in that unit, 5 U.”
Am. Fed'n of Gov't Employees, AFL-CIO, Local 3669 v. Shinseki, 709 F.3d 29 (D.C. Cir. 2013). · cites it 2× “” 5 U.S.C. § 7102 . Second, the Union argued that the arbitration matter did not involve “professional conduct or *32 competence” under § 7422(b).”
Nat'l Treasury Employees Union v. Chertoff, 452 F.3d 839 (D.C. Cir. 2006). “, 5 U.S.C. §§ 7102 (2), 7103(a)(12) (2000) (federal sector bargaining); 29 U.”
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