2 U.S.C. § 1351 — Application of chapter 71 of title 5 relating to Federal service labor-management relations; procedures for remedy of violations

submitted 31 years ago by Pub. L. 104-1 to r/title-2-THE-CONGRESS · 1,470 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section applies specified federal labor-management rights and procedures to covered congressional employees and employing offices. It assigns implementation, enforcement, hearing, review, and regulation duties to the Board and General Counsel.

(a) Labor-management rights. (1) The rights, protections, and responsibilities in sections 7102, 7106, 7111–7117, 7119–7122, and 7131 of title 5 apply to employing offices, covered employees, and their representatives. (2) For this application, “agency” includes an employing office. (3) “Covered employee” does not include a Library of Congress employee, and “employing office” does not include the Library of Congress. This section does not define either quoted term. (b) Remedy. A violation of subsection (a) receives the remedy, including a section 7118(a)(7) remedy, that the Federal Labor Relations Authority could properly award for violating a provision applied by subsection (a). (c) Implementation and enforcement. (1) Except as this section provides otherwise, the Board exercises the Federal Labor Relations Authority’s powers under sections 7105, 7111–7113, 7115, 7117, 7118, and 7122 of title 5, and the President’s power under section 7103(b). A petition or other submission that chapter 71 would send to the Authority must instead be sent to the Board. The Board must refer the matter to a hearing officer under section 1405(b)–(h), subject to Board review under section 1406. The Board may direct the General Counsel to investigate. (2) Except as otherwise provided, the General Counsel exercises the Authority General Counsel’s powers under sections 7104 and 7118. A charge or other submission that chapter 71 would send to that General Counsel must instead be sent to this General Counsel. If a person charges an employing office or labor organization with an unfair labor practice within 180 days after it allegedly occurred, the General Counsel must investigate and may file a complaint with the Office. A hearing officer decides the complaint under section 1405(b)–(h), subject to Board review under section 1406. (3) Except for matters in section 7123(a)(1) and (2), the General Counsel or an aggrieved respondent may seek judicial review of a final Board decision under paragraph (1) or (2) in the Federal Circuit under section 1407. (4) Except as otherwise provided, the Board exercises the Federal Service Impasses Panel’s powers under section 7119. Requests that chapter 71 would send to that Panel must instead be sent to the Board. At the Board’s request, the Executive Director must appoint mediator or mediators to perform the Panel’s functions. (d) Regulations. (1) Under section 1384, the Board must issue regulations implementing this section. (2) Except under subsection (e), the regulations must match the Federal Labor Relations Authority’s substantive regulations implementing subsection (a)’s provisions, unless (A) the Board finds and states good cause for a modification that would work better, or (B) modification is needed to avoid a conflict or apparent conflict of interest. (e) Certain congressional offices. (1) Required regulations. Under section 1384, the Board must issue regulations stating how and how far chapter 71’s requirements and exemptions apply to covered employees in the offices listed in paragraph (2). As far as practicable, they must be consistent with chapter 71 and this chapter and match the Authority’s substantive regulations, except that the Board may modify them for stated good cause and must exclude employees when needed because of a conflict or apparent conflict of interest or Congress’s constitutional responsibilities. (2) Listed offices. These include (A) each House Member’s or Senator’s personal office; (B) Senate, House, and joint committees; (C) the listed Senate leadership, conference, policy, secretary, clerk, reporting, printing, captioning, and counsel offices; (D) the listed House leadership, whip, clerk, reporting, printing, and legislative-information offices; (E) the listed legislative counsel, legal counsel, general counsel, parliamentarian, and law revision offices; (F) caucus or party-organization offices; (G) the Congressional Budget Office, Office of Technology Assessment, and Office of Congressional Workplace Rights; and (H) other comparable offices identified by Board regulations. (f) Effective date. (1) Unless paragraph (2) applies, subsections (a) and (b) took effect October 1, 1996. (2) For the offices in subsection (e)(2), their covered employees, and their representatives, subsections (a) and (b) took effect when subsection (e) regulations took effect.

the actual law source: uscode.house.gov ↗public domain

(a) Labor-management rights

(1) In general

The rights, protections, and responsibilities established under sections 7102, 7106, 7111 through 7117, 7119 through 7122, and 7131 of title 5 shall apply to employing offices and to covered employees and representatives of those employees.

(2) Application

For purposes of the application under this section of the sections referred to in paragraph (1), the term “agency” shall be deemed to include an employing office.

(3) Definitions

For purposes of this section, the term “covered employee” does not include an employee of the Library of Congress, and the term “employing office” does not include the Library of Congress.

(b) Remedy

The remedy for a violation of subsection (a) shall be such remedy, including a remedy under section 7118(a)(7) of title 5, as would be appropriate if awarded by the Federal Labor Relations Authority to remedy a violation of any provision made applicable by subsection (a).

(1) General authorities of Board; petitions

For purposes of this section and except as otherwise provided in this section, the Board shall exercise the authorities of the Federal Labor Relations Authority under sections 7105, 7111, 7112, 7113, 7115, 7117, 7118, and 7122 of title 5 and of the President under section 7103(b) of title 5. For purposes of this section, any petition or other submission that, under chapter 71 of title 5, would be submitted to the Federal Labor Relations Authority shall, if brought under this section, be submitted to the Board. The Board shall refer any matter under this paragraph to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title. The Board may direct that the General Counsel carry out the Board’s investigative authorities under this paragraph.

(2) General authorities of the General Counsel; charges of unfair labor practice

For purposes of this section and except as otherwise provided in this section, the General Counsel shall exercise the authorities of the General Counsel of the Federal Labor Relations Authority under sections 7104 and 7118 of title 5. For purposes of this section, any charge or other submission that, under chapter 71 of title 5, would be submitted to the General Counsel of the Federal Labor Relations Authority shall, if brought under this section, be submitted to the General Counsel. If any person charges an employing office or a labor organization with having engaged in or engaging in an unfair labor practice and makes such charge within 180 days of the occurrence of the alleged unfair labor practice, the General Counsel shall investigate the charge and may file a complaint with the Office. The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title.

(3) Judicial review

Except for matters referred to in paragraphs (1) and (2) of section 7123(a) of title 5, the General Counsel or the respondent to the complaint, if aggrieved by a final decision of the Board under paragraph (1) or (2) of this subsection, may file a petition for judicial review in the United States Court of Appeals for the Federal Circuit pursuant to section 1407 of this title.

(4) Exercise of impasses panel authority; requests

For purposes of this section and except as otherwise provided in this section, the Board shall exercise the authorities of the Federal Service Impasses Panel under section 7119 of title 5. For purposes of this section, any request that, under chapter 71 of title 5, would be presented to the Federal Service Impasses Panel shall, if made under this section, be presented to the Board. At the request of the Board, the Executive Director shall appoint a mediator or mediators to perform the functions of the Federal Service Impasses Panel under section 7119 of title 5.

(d) Regulations to implement section

(1) In general

The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.

(2) Agency regulations

Except as provided in subsection (e), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Federal Labor Relations Authority to implement the statutory provisions referred to in subsection (a) except—

(A)

to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; or

(B)

as the Board deems necessary to avoid a conflict of interest or appearance of a conflict of interest.

(e) Specific regulations regarding application to certain offices of Congress

(1) Regulations required

The Board shall issue regulations pursuant to section 1384 of this title on the manner and extent to which the requirements and exemptions of chapter 71 of title 5 should apply to covered employees who are employed in the offices listed in paragraph (2). The regulations shall, to the greatest extent practicable, be consistent with the provisions and purposes of chapter 71 of title 5 and of this chapter, and shall be the same as substantive regulations issued by the Federal Labor Relations Authority under chapter 71 of title 5, except—

(A)

(B)

that the Board shall exclude from coverage under this section any covered employees who are employed in offices listed in paragraph (2) if the Board determines that such exclusion is required because of—

(i)

a conflict of interest or appearance of a conflict of interest; or

(ii)

Congress’ constitutional responsibilities.

(2) Offices referred to

The offices referred to in paragraph (1) include—

(A)

the personal office of any Member of the House of Representatives or of any Senator;

(B)

a standing, select, special, permanent, temporary, or other committee of the Senate or House of Representatives, or a joint committee of Congress;

(C)

the Office of the Vice President (as President of the Senate), the Office of the President pro tempore of the Senate, the Office of the Majority Leader of the Senate, the Office of the Minority Leader of the Senate, the Office of the Majority Whip of the Senate, the Office of the Minority Whip of the Senate, the Conference of the Majority of the Senate, the Conference of the Minority of the Senate, the Office of the Secretary of the Conference of the Majority of the Senate, the Office of the Secretary of the Conference of the Minority of the Senate, the Office of the Secretary for the Majority of the Senate, the Office of the Secretary for the Minority of the Senate, the Majority Policy Committee of the Senate, the Minority Policy Committee of the Senate, and the following offices within the Office of the Secretary of the Senate: Offices of the Parliamentarian, Bill Clerk, Legislative Clerk, Journal Clerk, Executive Clerk, Enrolling Clerk, Official Reporters of Debate, Daily Digest, Printing Services, Captioning Services, and Senate Chief Counsel for Employment;

(D)

the Office of the Speaker of the House of Representatives, the Office of the Majority Leader of the House of Representatives, the Office of the Minority Leader of the House of Representatives, the Offices of the Chief Deputy Majority Whips, the Offices of the Chief Deputy Minority Whips and the following offices within the Office of the Clerk of the House of Representatives: Offices of Legislative Operations, Official Reporters of Debate, Official Reporters to Committees, Printing Services, and Legislative Information;

(E)

the Office of the Legislative Counsel of the Senate, the Office of the Senate Legal Counsel, the Office of the Legislative Counsel of the House of Representatives, the Office of the General Counsel of the House of Representatives, the Office of the Parliamentarian of the House of Representatives, and the Office of the Law Revision Counsel;

(F)

the offices of any caucus or party organization;

(G)

the Congressional Budget Office, the Office of Technology Assessment, and the Office of Congressional Workplace Rights; and

(H)

such other offices that perform comparable functions which are identified under regulations of the Board.

(f) Effective date

(1) In general

Except as provided in paragraph (2), subsections (a) and (b) shall be effective on October 1, 1996.

(2) Certain offices

With respect to the offices listed in subsection (e)(2), to the covered employees of such offices, and to representatives of such employees, subsections (a) and (b) shall be effective on the effective date of regulations under subsection (e).

Source credit: (Pub. L. 104–1, title II, § 220, Jan. 23, 1995, 109 Stat. 19; Pub. L. 115–141, div. I, title I, § 153(a)(1)(C), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, § 308(b)(10), Dec. 21, 2018, 132 Stat. 5326.)

history & why it existsrecord from the source credit

1995Enacted · Pub. L. 104-1 · 109 Stat. 19
2018Amended · Pub. L. 115-141 · 132 Stat. 785
2018Amended · Pub. L. 115-397 · 132 Stat. 5326

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-1 on 1995-01-23.

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