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. § 7116

Unfair labor practices

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(a) For the purpose of this chapter, it shall be an unfair labor practice for an agency—(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;(2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;(3) to sponsor, control, or otherwise assist any labor organization, other than to furnish, upon request, customary and routine services and facilities if the services and facilities are also furnished on an impartial basis to other labor organizations having equivalent status;(4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter;(5) to refuse to consult or negotiate in good faith with a labor organization as required by this chapter;(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;(7) to enforce any rule or regulation (other than a rule or regulation implementing section 2302 of this title) which is in conflict with any applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or(8) to otherwise fail or refuse to comply with any provision of this chapter.(b) For the purpose of this chapter, it shall be an unfair labor practice for a labor organization—(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;(2) to cause or attempt to cause an agency to discriminate against any employee in the exercise by the employee of any right under this chapter;(3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment, reprisal, or for the purpose of hindering or impeding the member’s work performance or productivity as an employee or the discharge of the member’s duties as an employee;(4) to discriminate against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition;(5) to refuse to consult or negotiate in good faith with an agency as required by this chapter;(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;(7)(A) to call, or participate in, a strike, work stoppage, or slowdown, or picketing of an agency in a labor-management dispute if such picketing interferes with an agency’s operations, or(B) to condone any activity described in subparagraph (A) of this paragraph by failing to take action to prevent or stop such activity; or(8) to otherwise fail or refuse to comply with any provision of this chapter.Nothing in paragraph (7) of this subsection shall result in any informational picketing which does not interfere with an agency’s operations being considered as an unfair labor practice.(c) For the purpose of this chapter it shall be an unfair labor practice for an exclusive representative to deny membership to any employee in the appropriate unit represented by such exclusive representative except for failure—(1) to meet reasonable occupational standards uniformly required for admission, or(2) to tender dues uniformly required as a condition of acquiring and retaining membership.This subsection does not preclude any labor organization from enforcing discipline in accordance with procedures under its constitution or bylaws to the extent consistent with the provisions of this chapter.(d) Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 7121(e) and (f) of this title, an employee has an option of using the negotiated grievance procedure or an appeals procedure, issues which can be raised under a grievance procedure may, in the discretion of the aggrieved party, be raised under the grievance procedure or as an unfair labor practice under this section, but not under both procedures.(e) The expression of any personal view, argument, opinion or the making of any statement which—(1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such election,(2) corrects the record with respect to any false or misleading statement made by any person, or(3) informs employees of the Government’s policy relating to labor-management relations and representation,shall not, if the expression contains no threat of reprisal or force or promise of benefit or was not made under coercive conditions, (A) constitute an unfair labor practice under any provision of this chapter, or (B) constitute grounds for the setting aside of any election conducted under any provisions of this chapter.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1204.)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)(5) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces, and subsec. (a)(7) of this section suspended with regard to any regulation governing 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), (c) 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 271 cases (25 in the last 5 years), 1979–2026 · leading case: Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020).
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Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). · cites it 2× “§7103 (a)(4)(A) (Labor-Management Relations; Definitions)  5 U. S. C. §7116 (b)(4) (Labor-Management Re- lations; Unfair Labor Practices)  5 U.”
Conejo v. Am. Fed'n of Gov't Emps., 377 F. Supp. 3d 16 (D.C. Cir. 2019). · cites it 9× “13-2 at 5, filed an allegedly false, substantially false, and/or slanderous unfair labor practice charge against the GPO, claiming, inter alia , that (1) Conejo "has a history of committing 5 U.S.C. § 7116 (a)(5) violations by bypassing the exclusive representative and going…”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 745 F.3d 1219 (D.C. Cir. 2014). · cites it 9× “The National Treasury Employees Union petitions for review of the decision of the Federal Labor Relations Authority that the Internal Revenue Service (“the IRS”) did not commit an unfair labor practice under 5 U.S.C. § 7116 when it failed to provide the Union notice or an…”
Gutierrez v. Flores, 543 F.3d 248 (5th Cir. 2008). · cites it 3× “1282 (quoting 5 U.S.C. § 7116 (b)(8)). Under § 7118(a)(1), “unfair labor practice complaints” are adjudicated by the Federal Labor Relations Authority (“FLRA”).”
Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983). · cites it 2× “Differentiation in access is also permitted in federal employment, and, indeed, it may be an unfair labor practice under 5 U. S. C. § 7116 (a)(3) (1976 ed., Supp.”
Nat'l Treasury Employees Union v. Chertoff, 385 F. Supp. 2d 1 (D.D.C. 2005). · cites it 5× “"In addition, because these regulations provide that any provision of a collective bargaining agreement that is inconsistent with these regulations or the implementing directives is unenforceable on the effective date of coverage, [DHS] did not identify the action set forth in 5…”
United States Dep't of Navy v. Fed. Labor Relations Auth., 665 F.3d 1339 (D.C. Cir. 2012). · cites it 3× “The first track permits a union alleging an unfair labor practice, as defined in 5 U.S.C. § 7116 , to file a charge with the General Counsel of the Federal Labor Relations Authority.”
Thomas O. Barnes v. Harold I. Small, Gen., 840 F.2d 972 (D.C. Cir. 1988). · cites it 3× “5 U.S.C. § 7116 (d) (1982). (“Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section.”
Am. Fed'n of Gov't Employees, Afl-Cio, Local 3090 v. Fed. Labor Relations Auth., 777 F.2d 751 (D.C. Cir. 1985). · cites it 4× “§ 7122 (b) which requires government agencies to comply with final arbitration awards, 6 and that this violation constituted an unfair labor practice within the meaning of 5 U.S.C. §§ 7116 (a)(1), (8). 7 On July 29, 1982, the FLRA General Counsel issued an unfair labor practice…”
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 3× “Congress has stated its findings that the statutory regulation of public employee labor relations “safeguards the public interest” and “contributes to the effective conduct of the public business,” and that it is the purpose of the Act to “prescribe certain rights and…”
Am. Fed'n of Govt. v. Donald Trump, 929 F.3d 748 (D.C. Cir. 2019). “We acknowledged that the unions "may not prevail using one of these procedures or would prefer to challenge the Air Force instructions by some other means," such as an APA suit in district court, but "that does not mean their claims may be brought outside the [Statute's]…”
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× “Power, who was president of Local Chapter 211 (Local 211) of the National Treasury Employees Union (NTEU) and had frequently represented Local 211 in collective bargaining with PBGC, filed an unfair labor practice charge with the Federal Labor Relations Authority (FLRA) pursuant…”
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— 5 U.S.C. § 7116(a)(3) — 1 case
Am. Fed'n of Gov't Employees, Local 2513, Afl-Cio v. Fed. Labor Relations Auth., 834 F.2d 174 (D.C. Cir. 1987).
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