5 U.S.C. § 7115

Allotments to representatives

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(a) If an agency has received from an employee in an appropriate unit a written assignment which authorizes the agency to deduct from the pay of the employee amounts for the payment of regular and periodic dues of the exclusive representative of the unit, the agency shall honor the assignment and make an appropriate allotment pursuant to the assignment. Any such allotment shall be made at no cost to the exclusive representative or the employee. Except as provided under subsection (b) of this section, any such assignment may not be revoked for a period of 1 year.(b) An allotment under subsection (a) of this section for the deduction of dues with respect to any employee shall terminate when—(1) the agreement between the agency and the exclusive representative involved ceases to be applicable to the employee; or(2) the employee is suspended or expelled from membership in the exclusive representative.(c)(1) Subject to paragraph (2) of this subsection, if a petition has been filed with the Authority by a labor organization alleging that 10 percent of the employees in an appropriate unit in an agency have membership in the labor organization, the Authority shall investigate the petition to determine its validity. Upon certification by the Authority of the validity of the petition, the agency shall have a duty to negotiate with the labor organization solely concerning the deduction of dues of the labor organization from the pay of the members of the labor organization who are employees in the unit and who make a voluntary allotment for such purpose.(2)(A) The provisions of paragraph (1) of this subsection shall not apply in the case of any appropriate unit for which there is an exclusive representative.(B) Any agreement under paragraph (1) of this subsection between a labor organization and an agency with respect to an appropriate unit shall be null and void upon the certification of an exclusive representative of the unit.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1203.)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 9 cases (1 in the last 5 years), 1980–2021 · leading case: Am. Fed'n of Gov't Employees, Council 214, Afl-Cio v. Fed. Labor Relations Auth., 835 F.2d 1458 (D.C. Cir. 1987).

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Am. Fed'n of Gov't Employees, Council 214, Afl-Cio v. Fed. Labor Relations Auth., 835 F.2d 1458 (D.C. Cir. 1987). · cites it 6× “Background Pursuant to 5 U.S.C. § 7115 (a), management officials at Kelly Air Force Base in San Antonio, Texas deducted union dues from salaries of employees who had executed assignments authorizing the deductions.”

Clark v. Mark, 590 F. Supp. 1 (N.D.N.Y. 1980). · cites it 6× “See 5 U.S.C. § 7115 . On November 30, 1979, plaintiffs brought this action against defendant seeking a temporary restraining order, preliminary and permanent injunction, writ of mandamus, and declaratory judgment to prevent defendant from recouping any money from the current…”

Am. Fed'n of Gov't Employees, Afl-Cio, Local 1843 v. Fed. Labor Relations Auth., 843 F.2d 550 (D.C. Cir. 1988). · cites it 7× “Greenwood was a member of AFGE and had made an assignment *552 authorizing the VA to withhold union dues from his wages and remit them to the Union pursuant to 5 U.S.C. § 7115 (a) (1982). 1 Section 7115(a) requires an agency to honor such an assignment and prohibits revocation…”

Skirlick v. United States, 17 Cl. Ct. 735 (Ct. Cl. 1989). · cites it 4× “Defendant avers that the Claims Court does not have jurisdiction over the claims asserted in the complaint because; (1) plaintiff failed to pursue a remedy under the grievance procedure provided in the collective bargaining agreement; and (2) the failure of the FAA to transfer…”

Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 647 F.3d 514 (4th Cir. 2011). · cites it 2× “” 5 U.S.C. § 7115 (a). While the union and an agency may bargain for the specific procedures for implementing § 7115, the negotiated procedures may not infringe on the employees’ right to “remain free to revoke their dues authorizations at annual intervals.”

Am. Fed'n of Gov't Employees, Afl-Cio, Local 1816 v. Fed. Labor Relations Auth., 715 F.2d 224 (5th Cir. 1983). · cites it 3× “Specifically at issue on this appeal is whether the Air Force’s method of recoupment of dues mistakenly withheld from an employee’s wages and paid to the union violates 5 U.S.C. § 7115 , thereby constituting an unfair labor practice within the intendment of 5 U.”

Am. Fed'n of Gov't Employees, Afl-Cio, Local 2612 v. Fed. Labor Relations Auth., 739 F.2d 87 (2d Cir. 1984). · cites it 2× “Observing that 5 U.S.C. § 7115 (b) requires dues withholding to terminate when an employee leaves the bargaining unit, the Authority reasoned that the setoff was simply the correction of an administrative error, which was undertaken for the purpose of complying with the…”

The Ohio Adjutant Gen.'s Dep't v. Fed. Lab. Relations Auth., 21 F.4th 401 (6th Cir. 2021). “Once a Form 1187 is submitted, union dues are deducted from member paychecks, as provided by 5 U.S.C. § 7115 (a). If employees want to cancel dues allotments, they must submit a different form: Standard Form 1188—cancellation of payroll deductions (“Form 1188”).”

Nat'l Labor Relations Bd. v. U.S. Postal Serv., 827 F.2d 548 (9th Cir. 1987). “The Federal Labor Relations Authority recently construed 5 U.S.C. § 7115 , which essentially 3 codified this section of Exec.”

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