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 IV— ADMINISTRATIVE AND OTHER PROVISIONS

5 U.S.C. § 7131

Official time

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(a) Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes.(b) Any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a non-duty status.(c) Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status.(d) Except as provided in the preceding subsections of this section—(1) any employee representing an exclusive representative, or(2) in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative,shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1214.)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.

Executive DocumentsExecutive Order No. 13837

Ex. Ord. No. 13837, May 25, 2018, 83 F.R. 25335, which limited the use of taxpayer-funded union time by Federal employees in representing labor organizations and performing other non-agency business, was revoked by Ex. Ord. No. 14003, § 3(b), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title.

[Ex. Ord. No. 13837, formerly set out above, construed to be amended to the extent necessary, by Memorandum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, set out as a note under section 7101 of this title.]

Notes of Decisions
Cited in 36 cases (1 in the last 5 years), 1981–2025 · leading case: Bureau of Alcohol, Tobacco & Firearms v. Fed. Labor Relations Auth., 464 U.S. 89 (1983).
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Bureau of Alcohol, Tobacco & Firearms v. Fed. Labor Relations Auth., 464 U.S. 89 (1983). · cites it 3× “1214, 5 U. S. C. § 7131 (a) (1982 ed.), requires federal agencies to grant “official time” to employees *91 representing their union in collective bargaining with the agencies.”
Am. Fed'n of Gov't Employees, Afl-Cio, Council of Locals No. 214 v. Fed. Labor Relations Auth., 798 F.2d 1525 (D.C. Cir. 1986). · cites it 4× “” 5 U.S.C. § 7131 (d). 2 The FLRA found a conflict, however, between this section and section 7106, the “Management Rights” provision of the Statute, 3 which lists a variety of managerial prerogatives about which the agency may, but need not, negotiate.”
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). · cites it 3× “Our conclusion is confirmed by 5 U.S.C. § 7131 which specifies the conditions and number of employees who shall receive “official” (paid) time to engage in activities concerning labor-management relations.”
Florida Nat'l Guard & Dep't of Def. v. Fed. Labor Relations Auth., 699 F.2d 1082 (11th Cir. 1983). · cites it 3× “The union filed an unfair labor practice charge, and in March 1981, the Federal Labor Relations Authority ruled that under 5 U.S.C. § 7131 (a) 4 Meier was entitled to official time to cover his travel to and from the impasse hearings.”
Nat'l Fed'n of Fed. Employees, Local 1309 v. Dep't of the Interior, 526 U.S. 86 (1999). · cites it 2× “See 5 U. S. C. § 7131 (a). Consequently, there is little incentive for union negotiators to streamline their bargaining positions or to avoid extended midterm bargaining.”
Blanche A. David v. United States of Am., Captain R.I. Iverson, Curtis Parker, & Elaine Courtier, 820 F.2d 1038 (9th Cir. 1987). · cites it 2× “That she held a “dual status” as an employee and a union stewardess is not controlling since David was considered to be on “official time” under 5 U.S.C. § 7131 . a. Legislative History of § 7131 President Kennedy promulgated Executive Order 10988 in 1962.”
Dean v. Am. Fed'n of Gov't Employees, Local 476, 509 F. Supp. 2d 39 (D.D.C. 2007). · cites it 7× “” 5 U.S.C. § 7131 (a), (d); Def.’s Stmt. ¶ 33; PL’s Stmt.”
Div. of Military & Naval Affairs, State of New York, & Dep't of Def. v. Fed. Labor Relations Auth., 683 F.2d 45 (2d Cir. 1982). · cites it 4× “1111 , 1214 (1978), 5 U.S.C. § 7131 (a) (Supp. Ill 1979) (emphasis added).”
Am. Fed'n of Gov't Employees, Afl-Cio, Local 2096 v. Fed. Labor Relations Auth., 738 F.2d 633 (4th Cir. 1984). · cites it 6× “Thus, the Union complaint also *635 contained specific allegations that USNSSS violated 5 U.S.C. § 7131 (a), which provides that “[a]ny employee representing an exclusive representative in the negotiation of a collective bargaining agreement .”
Johnson v. Orr, 776 F.2d 75 (3rd Cir. 1985). · cites it 6× “In his written opinion, Newman stated that plaintiffs were “charged with violation of 5 U.S.C. § 7131 by conducting Union business while the employees were in duty status and of 5 U.”
Am. Fed'n of Gov't Emps. v. Trump, 318 F. Supp. 3d 370 (D.C. Cir. 2018). “Subsections (a) and (c) of section 7131 of the FSLMRS provide a list of certain activities for which a federal agency must grant "official time" to labor representatives, 5 U.S.C. § 7131 (a) (negotiation of a collective bargaining agreement); id.”
Am. Fed'n of Gov't Employees, Afl-Cio v. Fed. Labor Relations Auth., United States of Am., Intervenor, 750 F.2d 143 (D.C. Cir. 1984). “5 U.S.C. § 7131 (a) (1982) (emphasis added).”
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