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. § 7114

Representation rights and duties

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(a)(1) A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.(2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at—(A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or(B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if—(i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and(ii) the employee requests representation.(3) Each agency shall annually inform its employees of their rights under paragraph (2)(B) of this subsection.(4) Any agency and any exclusive representative in any appropriate unit in the agency, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargaining agreement. In addition, the agency and the exclusive representative may determine appropriate techniques, consistent with the provisions of section 7119 of this title, to assist in any negotiation.(5) The rights of an exclusive representative under the provisions of this subsection shall not be construed to preclude an employee from—(A) being represented by an attorney or other representative, other than the exclusive representative, of the employee’s own choosing in any grievance or appeal action; or(B) exercising grievance or appellate rights established by law, rule, or regulation;except in the case of grievance or appeal procedures negotiated under this chapter.(b) The duty of an agency and an exclusive representative to negotiate in good faith under subsection (a) of this section shall include the obligation—(1) to approach the negotiations with a sincere resolve to reach a collective bargaining agreement;(2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment;(3) to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays;(4) in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data—(A) which is normally maintained by the agency in the regular course of business;(B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and(C) which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining; and(5) if agreement is reached, to execute on the request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement.(c)(1) An agreement between any agency and an exclusive representative shall be subject to approval by the head of the agency.(2) The head of the agency shall approve the agreement within 30 days from the date the agreement is executed if the agreement is in accordance with the provisions of this chapter and any other applicable law, rule, or regulation (unless the agency has granted an exception to the provision).(3) If the head of the agency does not approve or disapprove the agreement within the 30-day period, the agreement shall take effect and shall be binding on the agency and the exclusive representative subject to the provisions of this chapter and any other applicable law, rule, or regulation.(4) A local agreement subject to a national or other controlling agreement at a higher level shall be approved under the procedures of the controlling agreement or, if none, under regulations prescribed by the agency.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1202.)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)(1) and (4) 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 236 cases (26 in the last 5 years), 1981–2026 · 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 15× “5 U.S.C. § 7114 (a)(2). C. Administrative Proceedings 5 The Union filed an unfair-labor-practice charge against Hill Air Force Base, asserting that Hill violated § 7114(a)(2)(B) by denying Ptacek’s request for union representation during the interview by AFOSI, which allegedly…”
United States Dep't of Def. v. Fed. Labor Relations Auth., 510 U.S. 487 (1994). · cites it 6× “" 5 U. S. C. § 7114 (b)(4). Disclosure of the home addresses is prohibited by the Privacy Act unless an exception to that Act applies.”
Nat'l Fed'n of Fed. Employees, Local 1309 v. Dep't of the Interior, 526 U.S. 86 (1999). · cites it 6× “" 5 U. S. C. § 7114 (a)(4). We here consider whether that duty to bargain extends to a clause proposed by a union that would bind the parties to bargain midterm—that is, while the basic comprehensive labor contract is in effect—about subjects not included in that basic contract.”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 754 F.3d 1031 (D.C. Cir. 2014). · cites it 6× “5 U.S.C. § 7114 (a)(2)(B). The FLRA determined that covered IRS personnel are not entitled to union representation at suitability interviews conducted by OPM investigators because OPM investigators do not act as “representatives” of the IRS during the interviews.”
Am. Fed'n of Gov't Emps. v. Trump, 318 F. Supp. 3d 370 (D.C. Cir. 2018). · cites it 5× “]" 5 U.S.C. § 7114 (b)(1)-(2). In addition, the parties must "participate actively in the deliberations so as to indicate a present intention to find a basis for agreement"; maintain "an open mind"; and make "a sincere effort .”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 774 F.2d 1181 (D.C. Cir. 1985). · cites it 7× “(2)(A) provides: An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at— (A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives…”
Karahalios v. Nat'l Fed'n of Fed. Employees, Local 1263, 489 U.S. 527 (1989). · cites it 2× “Of particular relevance here, 5 U. S. C. § 7114 (a)(1) provides that a labor organization that has been accorded the exclusive right of representing employees in a designated unit “is responsible for representing the interests of all employees in the unit it represents without…”
Fort Stewart Schs. v. Fed. Labor Relations Auth., 495 U.S. 641 (1990). · cites it 2× “II The FSLMRS requires a federal agency to negotiate in good faith with the chosen representative of employees covered by the Statute, 5 U. S. C. § 7114 (a)(4), and makes it an unfair labor practice to refuse to do so, § 7116(a)(5).”
Am. Fed'n of Gov't Employees, Afl-Cio v. Fed. Labor Relations Auth., 778 F.2d 850 (D.C. Cir. 1985). · cites it 3× “5 U.S.C. § 7114 provides that (c)(1) An agreement between any agency and an exclusive representative shall be subject to approval by the head of the agency.”
Montana Air Chapter No. 29, Ass'n of Civilian Technicians, Inc. v. Fed. Labor Relations Auth., 898 F.2d 753 (9th Cir. 1990). · cites it 5× “In April 1981, the National Guard Bureau approved the agreement pursuant to 5 U.S.C. § 7114 (c). In April 1985, the union and the Adjutant General executed a new labor agreement.”
Gutierrez v. Flores, 543 F.3d 248 (5th Cir. 2008). “The Court noted that 5 U.S.C. § 7114 (a)(1) creates a duty of fair representation for labor organizations.”
Ass'n of Civilian Technicians, Montana Air Chapter No. 29 v. Fed. Labor Relations Auth., 22 F.3d 1150 (D.C. Cir. 1994). · cites it 3× “When the Agreement was presented for review to the head of the National Guard Bureau (“Agency”), the Agency head disapproved the agreement, inter alia, on the basis that the clause pertaining to civilian attire violated “applicable law,” 5 U.S.C. § 7114 (c)(2), because it…”
Show all 236 citing cases →
— 5 U.S.C. § 7114(a)(1) — 1 case
Sedwick v. McDonald (N.D. Tex. 2025).
— 5 U.S.C. § 7114(a)(4) — 1 case
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 414 F.3d 50 (D.C. Cir. 2005).
— 5 U.S.C. § 7114(b)(4) — 1 case
United States Dep't of Health & Human Servs. v. Fed. Labor Relations Auth., 833 F.2d 1129 (4th Cir. 1987).
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