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 II— RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS

5 U.S.C. § 7112

Determination of appropriate units for labor organization representation

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(a) The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of the agency involved.(b) A unit shall not be determined to be appropriate under this section solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be determined to be appropriate if it includes—(1) except as provided under section 7135(a)(2) of this title, any management official or supervisor;(2) a confidential employee;(3) an employee engaged in personnel work in other than a purely clerical capacity;(4) an employee engaged in administering the provisions of this chapter;(5) both professional employees and other employees, unless a majority of the professional employees vote for inclusion in the unit;(6) any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; or(7) any employee primarily engaged in investigation or audit functions relating to the work of individuals employed by an agency whose duties directly affect the internal security of the agency, but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity.(c) Any employee who is engaged in administering any provision of law relating to labor-management relations may not be represented by a labor organization—(1) which represents other individuals to whom such provision applies; or(2) which is affiliated directly or indirectly with an organization which represents other individuals to whom such provision applies.(d) Two or more units which are in an agency and for which a labor organization is the exclusive representative may, upon petition by the agency or labor organization, be consolidated with or without an election into a single larger unit if the Authority considers the larger unit to be appropriate. The Authority shall certify the labor organization as the exclusive representative of the new larger unit.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1200; amended Pub. L. 102–378, § 2(54), Oct. 2, 1992, 106 Stat. 1354.)Editorial NotesAmendments

1992—Subsec. (a). Pub. L. 102–378 struck out “(1)” after subsec. (a) designation.

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.

Notes of Decisions
Cited in 30 cases (2 in the last 5 years), 1980–2023 · leading case: Am. Fed'n of Gov't Employees v. Fed. Labor Relations Auth., 836 F.3d 1291 (10th Cir. 2016).
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Am. Fed'n of Gov't Employees v. Fed. Labor Relations Auth., 836 F.3d 1291 (10th Cir. 2016). · cites it 3× “” 5 U.S.C. § 7112 (b)(6). From this, the majority concludes that the Labor-Management Statute already exempts all AFOSI investigators, and, in addition, all clerical employees engaged in “security work”—those clerical employees whose “duties include the regular use of, or access…”
Nat'l Ass'n of Agric. Employees v. Fed. Labor Relations Auth., & Customs & Border Prot., Intervenor, 473 F.3d 983 (9th Cir. 2007). · cites it 4× “” 5 U.S.C. § 7112 (a); see also Dep’t of the Navy, Navy Publ’ns and Printing Serv.”
Nasa v. Flra, 527 U.S. 229 (1999). · cites it 2× “Neither NASA nor NASA—OIG has such a relationship with the employee's union at the Huntsville facility, see 5 U. S. C. § 7112 (b)(7) (excluding certain agency investigators and auditors from "appropriate" bargaining units), and so the investigator in this case could not have…”
Nat'l Fed'n of Fed. Employees & Local 1451, Nat'l Fed'n of Fed. Employees v. Fed. Labor Relations Auth., 652 F.2d 191 (D.C. Cir. 1981). “]” See generally 5 U.S.C. § 7112 (b) (precluding personnel officers and others administering the labor relations act from being part of any bargaining unit).”
United States Dep't of the Navy, Naval Aviation Depot, Cherry Point, North Carolina v. Fed. Labor Relations Auth., 952 F.2d 1434 (D.C. Cir. 1992). “Under the FSLMRS (and the NLRA), supervisors are members of management and are legally disabled from belonging to any bargaining unit, see 5 U.S.C. § 7112 (b)(1); as such, the same policies that prevent a union from purporting to regulate the conditions of employment of persons…”
Nat'l Labor Relations Bd. v. Fed. Labor Relations Auth., 613 F.3d 275 (D.C. Cir. 2010). · cites it 2× “” 5 U.S.C. § 7112 . Once the Authority has delineated an appropriate unit, the employees in that unit may elect a representative to negotiate on their behalf.”
Ass'n of Civilian Technicians, Montana Air Chapter v. Fed. Labor Relations Auth., 756 F.2d 172 (D.C. Cir. 1985). “5 U.S.C. § 7112 (1982). 23 . Exxon Corp. v.”
United States Dep't of Homeland Sec. U.S. Customs & Border Prot. v. Fed. Labor Relations Auth., 751 F.3d 665 (D.C. Cir. 2014). “The FLRA thus contends that this court is barred from considering, inter alia, whether sections of the IG Act other than section 6(a)(2) are incompatible with the collective bargaining requirements of the FSLMRS; whether the 2008 amendments to the IG Act and the legislative…”
Am. Fed'n of Gov't Employees, Local 32 v. Fed. Labor Relations Auth., Off. of Pers. Mgmt., Intervenor, 110 F.3d 810 (D.C. Cir. 1997). · cites it 2× “5 U.S.C. § 7112 (b)(1). An agency therefore has no obligation to negotiate over any proposal that directly implicates the working conditions of supervisors.”
United States Dep't of Energy v. Fed. Labor Relations Auth., 880 F.2d 1163 (10th Cir. 1989). · cites it 3× “5 U.S.C. § 7112 . Supervisors are prohibited from being included in such units, unless their inclusion is expressly authorized by § 7135(a)(2).”
Ass'n of Civilian Technicians, Inc. v. Fed. Labor Relations Auth., 283 F.3d 339 (D.C. Cir. 2002). “” 5 U.S.C. § 7112 (a). Applying *341 these standards, the Authority’s Regional Director denied the petition.”
Ass'n of Civilian Technicians v. Fed. Labor Relations Auth., 353 F.3d 46 (D.C. Cir. 2004). · cites it 2× “See 5 U.S.C. § 7112 (b)(1). The Statute requires employer agencies to bargain in good faith with the agents of unit employees, 5 U.”
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