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. § 7117

Duty to bargain in good faith; compelling need; duty to consult

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(a)(1) Subject to paragraph (2) of this subsection, the duty to bargain in good faith shall, to the extent not inconsistent with any Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any rule or regulation only if the rule or regulation is not a Government-wide rule or regulation.(2) The duty to bargain in good faith shall, to the extent not inconsistent with Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any agency rule or regulation referred to in paragraph (3) of this subsection only if the Authority has determined under subsection (b) of this section that no compelling need (as determined under regulations prescribed by the Authority) exists for the rule or regulation.(3) Paragraph (2) of the subsection applies to any rule or regulation issued by any agency or issued by any primary national subdivision of such agency, unless an exclusive representative represents an appropriate unit including not less than a majority of the employees in the issuing agency or primary national subdivision, as the case may be, to whom the rule or regulation is applicable.(b)(1) In any case of collective bargaining in which an exclusive representative alleges that no compelling need exists for any rule or regulation referred to in subsection (a)(3) of this section which is then in effect and which governs any matter at issue in such collective bargaining, the Authority shall determine under paragraph (2) of this subsection, in accordance with regulations prescribed by the Authority, whether such a compelling need exists.(2) For the purpose of this section, a compelling need shall be determined not to exist for any rule or regulation only if—(A) the agency, or primary national subdivision, as the case may be, which issued the rule or regulation informs the Authority in writing that a compelling need for the rule or regulation does not exist; or(B) the Authority determines that a compelling need for a rule or regulation does not exist.(3) A hearing may be held, in the discretion of the Authority, before a determination is made under this subsection. If a hearing is held, it shall be expedited to the extent practicable and shall not include the General Counsel as a party.(4) The agency, or primary national subdivision, as the case may be, which issued the rule or regulation shall be a necessary party at any hearing under this subsection.(c)(1) Except in any case to which subsection (b) of this section applies, if an agency involved in collective bargaining with an exclusive representative alleges that the duty to bargain in good faith does not extend to any matter, the exclusive representative may appeal the allegation to the Authority in accordance with the provisions of this subsection.(2) The exclusive representative may, on or before the 15th day after the date on which the agency first makes the allegation referred to in paragraph (1) of this subsection, institute an appeal under this subsection by—(A) filing a petition with the Authority; and(B) furnishing a copy of the petition to the head of the agency.(3) On or before the 30th day after the date of the receipt by the head of the agency of the copy of the petition under paragraph (2)(B) of this subsection, the agency shall—(A) file with the Authority a statement—(i) withdrawing the allegation; or(ii) setting forth in full its reasons supporting the allegation; and(B) furnish a copy of such statement to the exclusive representative.(4) On or before the 15th day after the date of the receipt by the exclusive representative of a copy of a statement under paragraph (3)(B) of this subsection, the exclusive representative shall file with the Authority its response to the statement.(5) A hearing may be held, in the discretion of the Authority, before a determination is made under this subsection. If a hearing is held, it shall not include the General Counsel as a party.(6) The Authority shall expedite proceedings under this subsection to the extent practicable and shall issue to the exclusive representative and to the agency a written decision on the allegation and specific reasons therefor at the earliest practicable date.(d)(1) A labor organization which is the exclusive representative of a substantial number of employees, determined in accordance with criteria prescribed by the Authority, shall be granted consultation rights by any agency with respect to any Government-wide rule or regulation issued by the agency effecting any substantive change in any condition of employment. Such consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to a labor organization’s eligibility for, or continuation of, such consultation rights shall be subject to determination by the Authority.(2) A labor organization having consultation rights under paragraph (1) of this subsection shall—(A) be informed of any substantive change in conditions of employment proposed by the agency, and(B) shall be permitted reasonable time to present its views and recommendations regarding the changes.(3) If any views or recommendations are presented under paragraph (2) of this subsection to an agency by any labor organization—(A) the agency shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and(B) the agency shall provide the labor organization a written statement of the reasons for taking the final action.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1205.)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. (b) of this section suspended with regard to any regulation governing the implementation by the United States Forces, and subsec. (c) 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), (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 149 cases (4 in the last 5 years), 1980–2025 · leading case: Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth., 834 F.2d 191 (D.C. Cir. 1987).
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Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth., 834 F.2d 191 (D.C. Cir. 1987). · cites it 10× “1 The Union claimed that these regulations were inconsistent with 5 U.S.C. §§ 7117 (c) and 7118 (1982), because they preclude labor organizations from obtaining unfair labor practice (“ulp”) remedies when an agency violates its duty to bargain.”
Am. Fed'n of Govt. v. Donald Trump, 929 F.3d 748 (D.C. Cir. 2019). · cites it 3× “§ 7106 (b)(1) ; (2) establish government-wide rules for employee and agency conduct, which may have the effect of removing mandatory subjects from bargaining based on 5 U.S.C. § 7117 (a)(1) ; and (3) set goals that agencies must pursue during bargaining.”
Nat'l Fed'n of Fed. Employees, Local 1167 v. Fed. Labor Relations Auth., 681 F.2d 886 (D.C. Cir. 1982). · cites it 6× “FLRA Proceedings On August 27, 1979, Local 1167 appealed the Agency’s claim of nonnegotiability to the FLRA, pursuant to section 7117(c)(2) of the Civil Service Reform Act, 5 U.S.C. § 7117 (c)(2) (Supp. IV 1980). App.”
U.S. Capitol Police v. Off. of Compliance, 908 F.3d 748 (Fed. Cir. 2018). · cites it 9× “" 5 U.S.C. § 7117 (incorporated by 2 U.S.C.”
Fort Stewart Schs. v. Fed. Labor Relations Auth., 495 U.S. 641 (1990). · cites it 2× “The latter question is addressed by 5 U. S. C. § 7117 (a)(2), which provides, insofar as applicable to the regulation here, that "[t]he duty to bargain in good faith shall, to the extent not inconsistent with Federal law or any Government-wide rule or regulation, extend to…”
Dep't of the Treasury, Internal Revenue Serv. v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 707 F.2d 574 (D.C. Cir. 1983). · cites it 4× “17-18 (citing 5 U.S.C. § 7117 (a)(1)), and because they extended to employees who were not members of the bargaining unit.”
Am. Fed'n of Gov't Emps. v. Trump, 318 F. Supp. 3d 370 (D.C. Cir. 2018). · cites it 3× “§ 7106 (a), as well as the subject matter of "any Federal law or any Government-wide rule or regulation[,]" 5 U.S.C. § 7117 (a)(1) ; see also U.S. Dep't of the Air Force , 952 F.”
Am. Fed'n of Gov't Employees, Afl-Cio, Local 2782 v. Fed. Labor Relations Auth., 702 F.2d 1183 (D.C. Cir. 1983). · cites it 3× “” 5 U.S.C. § 7117 (a)(1). The union appealed this action to the Federal Labor Relations Authority under 5 U.”
Dep't of the Treasury v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 837 F.2d 1163 (D.C. Cir. 1988). · cites it 3× “See 5 U.S.C. § 7117 (a)(1) (1982). NTEU appealed Treasury’s allegation that the provision was not negotiable to the Federal Labor Relations Authority (“FLRA”).”
United States Dep't of Navy v. Fed. Labor Relations Auth., 665 F.3d 1339 (D.C. Cir. 2012). · cites it 2× “” 5 U.S.C. § 7117 (a)(1). Therefore, if safe and drinkable tap water was available at the Newport facilities, the Navy had no authority or duty to bargain before removing the bottled water.”
Am. Fed'n of Gov't Employees, Afl-Cio, Local 2953 v. Fed. Labor Relations Auth., 730 F.2d 1534 (D.C. Cir. 1984). · cites it 3× “5 U.S.C. § 7117 (a)(2). 3 This limit on the duty of an agency to bargain recognizes that within every agency there exists a governmental mission which may not be compromised or negotiated away, in whole or in part, at the bargaining table.”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 691 F.2d 553 (D.C. Cir. 1982). · cites it 2× “See 5 U.S.C. § 7117 (b) (Supp. IV 1980). 20 .”
Show all 149 citing cases →
— 5 U.S.C. § 7117(a) — 1 case
Nuclear Regulatory Comm'n v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 859 F.2d 302 (4th Cir. 1988).
— 5 U.S.C. § 7117(a)(2) — 1 case
Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth., 834 F.2d 191 (D.C. Cir. 1987). “1 The Union claimed that these regulations were inconsistent with 5 U.S.C. §§ 7117 (c) and 7118 (1982), because they preclude labor organizations from obtaining unfair labor practice (“ulp”) remedies when an agency violates its duty to bargain.”
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