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. § 7135

Continuation of existing laws, recognitions, agreements, and procedures

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(a) Nothing contained in this chapter shall preclude—(1) the renewal or continuation of an exclusive recognition, certification of an exclusive representative, or a lawful agreement between an agency and an exclusive representative of its employees, which is entered into before the effective date of this chapter; or(2) the renewal, continuation, or initial according of recognition for units of management officials or supervisors represented by labor organizations which historically or traditionally represent management officials or supervisors in private industry and which hold exclusive recognition for units of such officials or supervisors in any agency on the effective date of this chapter.(b) Policies, regulations, and procedures established under and decisions issued under Executive Orders 11491, 11616, 11636, 11787, and 11838, or under any other Executive order, as in effect on the effective date of this chapter, shall remain in full force and effect until revised or revoked by the President, or unless superseded by specific provisions of this chapter or by regulations or decisions issued pursuant to this chapter.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1215.)Editorial NotesReferences in Text

For the effective date of this chapter, referred to in text, as 90 days after the date of the enactment of Pub. L. 95–454, which was approved 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 Orders 11491, 11616, 11636, and 11838, referred to in subsec. (b), are set out as notes under section 7101 of this title.

Executive Order 11787, referred to in subsec. (b), which was set out as a note under section 7701 of this title, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

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 18 cases (2 in the last 5 years), 1981–2023 · leading case: Amos v. United States, 22 Cl. Ct. 724 (Ct. Cl. 1991).
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Amos v. United States, 22 Cl. Ct. 724 (Ct. Cl. 1991). · cites it 14× “After considering the parties’ arguments, the court concludes that under the CSRA’s savings provision, 5 U.S.C. § 7135 , and Executive Order 11491 (E.”
Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth., 834 F.2d 191 (D.C. Cir. 1987). · cites it 3× “They therefore might be deemed statutorily required by the Statute’s grandfather provision, 5 U.S.C. § 7135 (b), not merely the result of a “permissible” interpretation of the Statute, given the profoundly ambiguous connection between the negotiability *202 appeals procedure and…”
Ohio Adjutant Gen.'s Dept. v. FLRA, 598 U.S. 449 (2023). · cites it 2× “B The evolution of federal agency-employee relations law and the text of 5 U. S. C. § 7135 (b), which functions as the Page Proof Pending Publication Statute's saving clause, lend further support to the FLRA's exercise of authority over the Guard.”
James A. Albright v. United States, 10 F.3d 790 (Fed. Cir. 1993). · cites it 3× “5 U.S.C. § 7135 (1988). In accordance with this section, the rights of labor and management do continue to be governed by lawful agreements, as long as their negotiated grievance procedures do not conflict with a statute.”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 691 F.2d 553 (D.C. Cir. 1982). “5 U.S.C. § 7135 (b) (Supp. IV 1980). We discern in this language no impediment to changed statutory interpretations by the Authority, for this provision in terms preserves the efficacy of rulings under preexisting executive orders only to the extent that they are not “superseded…”
Dep't of Def. v. Fed. Labor Relations Auth., 659 F.2d 1140 (D.C. Cir. 1981). · cites it 2× “This claim rests principally upon 5 U.S.C. § 7135 (b), which states in pertinent part that “decisions issued under Executive Order[] 11491 * * * shall remain in full force and effect * * * unless superseded by specific provisions of this chapter or by regulations or decisions…”
Fort Stewart Schs. v. Fed. Labor Relations Auth., Fort Stewart Ass'n of Educators, Intervenor, 860 F.2d 396 (11th Cir. 1988). “5 U.S.C. § 7135 (b) (1980). Consequently, we agree with the FLRA that Congress did not intend to preclude bargaining over wages and related benefits.”
United States Dep't of Energy v. Fed. Labor Relations Auth., 880 F.2d 1163 (10th Cir. 1989). · cites it 3× “If Congress had wanted to allow mixed units of supervisors and non-supervisors, it logically would have used the word “including” or the word “containing” instead of the word “of,” or it specifically could have referred to mixed units. 7 The legislative history tracks the…”
Albright v. United States, 26 Cl. Ct. 1119 (Ct. Cl. 1992). · cites it 2× “Two other sections of the CSRA, 5 U.S.C. § 7135 (1988) and a note to 5 U.”
Fed./Postal/Retiree Coalition v. Devine, 751 F.2d 1424 (D.C. Cir. 1985). · cites it 3× “The complicating feature in this otherwise clearly delineated set of roles is Title VII’s grandfather provision, 5 U.S.C. § 7135 , a provision of pivotal importance to *207 the resolution of this case.”
Immigr. & Naturalization Serv. v. Fed. Labor Relations Auth., 855 F.2d 1454 (9th Cir. 1988). “See 5 U.S.C. § 7135 (b) (“[policies, regulations, and procedures established under and decisions issued under” the Executive Order remain in force “until revised or revoked by the President, or unless superseded by specific provisions of this [Act] or regulations or decisions…”
Graczyk v. United Steelworkers of Am., 763 F.2d 256 (7th Cir. 1985). “, Civil Service Reform Act of 1978, 5 U.S.C. § 7135 (a); ERISA, 26 U.S.C. § 410 note (effective date and transitional rules), 29 U.”
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— 5 U.S.C. § 7135(b) — 1 case
U.S. Dep't of Health & Human Servs. v. Fed. Labor Relations Auth., 844 F.2d 1087 (4th Cir. 1988).
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