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. § 7105

Powers and duties of the Authority

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(a)(1) The Authority shall provide leadership in establishing policies and guidance relating to matters under this chapter, and, except as otherwise provided, shall be responsible for carrying out the purpose of this chapter.(2) The Authority shall, to the extent provided in this chapter and in accordance with regulations prescribed by the Authority—(A) determine the appropriateness of units for labor organization representation under section 7112 of this title;(B) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit and otherwise administer the provisions of section 7111 of this title relating to the according of exclusive recognition to labor organizations;(C) prescribe criteria and resolve issues relating to the granting of national consultation rights under section 7113 of this title;(D) prescribe criteria and resolve issues relating to determining compelling need for agency rules or regulations under section 7117(b) of this title;(E) resolves issues relating to the duty to bargain in good faith under section 7117(c) of this title;(F) prescribe criteria relating to the granting of consultation rights with respect to conditions of employment under section 7117(d) of this title;(G) conduct hearings and resolve complaints of unfair labor practices under section 7118 of this title;(H) resolve exceptions to arbitrator’s awards under section 7122 of this title; and(I) take such other actions as are necessary and appropriate to effectively administer the provisions of this chapter.(b) The Authority shall adopt an official seal which shall be judicially noticed.(c) The principal office of the Authority shall be in or about the District of Columbia, but the Authority may meet and exercise any or all of its powers at any time or place. Except as otherwise expressly provided by law, the Authority may, by one or more of its members or by such agents as it may designate, make any appropriate inquiry necessary to carry out its duties wherever persons subject to this chapter are located. Any member who participates in the inquiry shall not be disqualified from later participating in a decision of the Authority in any case relating to the inquiry.(d) The Authority shall appoint an Executive Director and such regional directors, administrative law judges under section 3105 of this title, and other individuals as it may from time to time find necessary for the proper performance of its functions. The Authority may delegate to officers and employees appointed under this subsection authority to perform such duties and make such expenditures as may be necessary.(e)(1) The Authority may delegate to any regional director its authority under this chapter—(A) to determine whether a group of employees is an appropriate unit;(B) to conduct investigations and to provide for hearings;(C) to determine whether a question of representation exists and to direct an election; and(D) to supervise or conduct secret ballot elections and certify the results thereof.(2) The Authority may delegate to any administrative law judge appointed under subsection (d) of this section its authority under section 7118 of this title to determine whether any person has engaged in or is engaging in an unfair labor practice.(f) If the Authority delegates any authority to any regional director or administrative law judge to take any action pursuant to subsection (e) of this section, the Authority may, upon application by any interested person filed within 60 days after the date of the action, review such action, but the review shall not, unless specifically ordered by the Authority, operate as a stay of action. The Authority may affirm, modify, or reverse any action reviewed under this subsection. If the Authority does not undertake to grant review of the action under this subsection within 60 days after the later of—(1) the date of the action; or(2) the date of the filing of any application under this subsection for review of the action;the action shall become the action of the Authority at the end of such 60-day period.(g) In order to carry out its functions under this chapter, the Authority may—(1) hold hearings;(2) administer oaths, take the testimony or deposition of any person under oath, and issue subpenas as provided in section 7132 of this title; and(3) may require an agency or a labor organization to cease and desist from violations of this chapter and require it to take any remedial action it considers appropriate to carry out the policies of this chapter.(h) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Authority may appear for the Authority and represent the Authority in any civil action brought in connection with any function carried out by the Authority pursuant to this title or as otherwise authorized by law.(i) In the exercise of the functions of the Authority under this title, the Authority may request from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1196.)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

Subsec. (a)(2)(D), (E), (G), and (H) of this section suspended with respect to any matter which substantially impairs 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(a) 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 150 cases (18 in the last 5 years), 1979–2026 · leading case: Nat'l Treasury Employees Union v. Chertoff, 385 F. Supp. 2d 1 (D.D.C. 2005).
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Nat'l Treasury Employees Union v. Chertoff, 385 F. Supp. 2d 1 (D.D.C. 2005). · cites it 6× “” 5 U.S.C. § 7105 (2)(G). This authority, however, is plainly limited by the statutory text to “matters under” or “provided in” Chapter 71 of Title 5.”
Am. Fed'n of Govt. v. Donald Trump, 929 F.3d 748 (D.C. Cir. 2019). · cites it 2× “See 5 U.S.C. § 7105 (a). In negotiability disputes, the FLRA determines whether agencies and unions must bargain over certain subjects.”
Library of Cong. v. Fed. Labor Relations Auth., 699 F.2d 1280 (D.C. Cir. 1983). · cites it 4× “5 U.S.C. § 7105 (a)(2)(A) (Supp. V 1981).”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 691 F.2d 553 (D.C. Cir. 1982). · cites it 3× “See 5 U.S.C. § 7105 (Supp. IV 1980). The Authority consists of three full-time members appointed by the President with the advice and consent of the Senate.”
Am. Fed'n of Gov't Emps. v. Trump, 318 F. Supp. 3d 370 (D.C. Cir. 2018). · cites it 3× “Per the FSLMRS, the FLRA must "provide leadership in establishing policies and guidance relating to matters under" the statute, 5 U.S.C. § 7105 (a)(1), and the agency is specifically tasked with promulgating regulations pertaining to the FSLMRS, see id.”
Ohio Adjutant Gen.'s Dept. v. FLRA, 598 U.S. 449 (2023). · cites it 3× “Ante, at 456; see 5 U. S. C. § 7105 (g)(3). But the Court stops short of answering that question, holding instead that peti- tioners “act as a federal `agency,' ” ante, at 452, “exercise the authority of ” a covered agency, ante, at 457, and even “functio[n] as an agency,” ibid.”
Dep't of Def. v. Fed. Labor Relations Auth., 659 F.2d 1140 (D.C. Cir. 1981). · cites it 7× “5 U.S.C. § 7105 . . 5 U.S.C. § 7105 (a)(2)(A).”
Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010). · cites it 2× “§7104 (b) Office of the Executive Director Executive Director 5 U. S. C. §7105 (d) 5 CFR §2421.7 Federal Services Impasses Panel Executive Director 5 U.”
Nat'l Fed'n of Fed. Employees, Local 1309 v. Dep't of the Interior, 526 U.S. 86 (1999). · cites it 2× “See 5 U. S. C. § 7105 (a)(1) ("Authority shall provide leadership in establishing policies and guidance"); § 7105(a)(2)(E) (Authority "resolves issues relating to the duty to bargain in good faith"); § 7117(c) (Authority resolves disputes about whether the duty to bargain in…”
Nat'l Fed'n of Fed. Employees, Local 1263 v. Commandant, Def. Language Inst., 493 F. Supp. 675 (N.D. Cal. 1980). · cites it 3× “5 U.S.C. § 7105 (a)(2)(E), (G). Section 7118 of the Act details the procedure the FLRA General Counsel must follow upon receiving a charge of any unfair labor practice.”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., United States Customs Serv., Intervenor, 732 F.2d 703 (9th Cir. 1984). · cites it 3× “Assuming that Customs is entitled to due process, it has had full opportunity to present to the Authority and this court its arguments opposing such a remedy. III. Denial of the Status Quo Ante Remedy.”
Columbia Power Trades Council v. United States Dep't of Energy, Bonneville Power Admin. (Bpa), & Sterling Munro, as Bpa Adm'r, 671 F.2d 325 (9th Cir. 1982). · cites it 2× “” 5 U.S.C. § 7105 (a)(1). Its duties include the.”
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— 5 U.S.C. § 7105(h) — 1 case
The Attorney Gen.'s Role as Chief Litigator for the United States (OLC 1982).
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