22 U.S.C. § 4115 — Unfair labor practices
submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 770 words · no verdicts yet
The Department and labor organizations may commit listed unfair labor practices. The section protects certain speech and requires an aggrieved party to choose between specified remedies rather than pursue both.
(a) It is an unfair labor practice for the Department to (1) interfere with, restrain, or coerce an employee exercising a subchapter right; (2) discriminate in hiring, tenure, promotion, or other employment conditions to encourage or discourage membership; (3) sponsor, control, or assist a labor organization, except for impartial customary services and facilities for organizations of equivalent status; (4) discipline or discriminate against someone for filing a complaint or petition or giving information, an affidavit, or testimony; (5) refuse required good-faith consultation or bargaining; (6) refuse required cooperation in impasse procedures or decisions; (7) enforce a rule conflicting with an applicable earlier collective agreement, except a rule implementing title 5 section 2302; or (8) otherwise fail to comply with this subchapter. (b) It is an unfair labor practice for a labor organization to (1) interfere with, restrain, or coerce an employee’s rights; (2) cause or try to cause Department discrimination against an employee exercising a right; (3) coerce, discipline, fine, or try to coerce a member as punishment or reprisal or to hinder the member’s work or official functions; (4) discriminate in membership terms because of race, color, creed, national origin, sex, age, civil-service status, political affiliation, marital status, or disability; (5) refuse good-faith consultation or bargaining; (6) refuse impasse cooperation; (7)(A) call or join a strike, work stoppage, slowdown, or picket the Department in a labor dispute, except United States picketing that does not interfere with operations, or (B) tolerate such conduct by failing to prevent or stop it; (8) deny unit membership except for uniformly required dues or discipline consistent with the constitution, bylaws, and this subchapter; or (9) otherwise fail to comply. (c) A personal view, argument, opinion, or statement does not violate this subchapter or justify setting aside an election if it publicizes an election and encourages voting, corrects a false or misleading statement, or informs employees of Government labor-relations policy, provided it contains no threat, force, or promise of benefit and was not coercive. (d) Issues properly raised under an appeals procedure cannot be unfair labor practices. Except where section 4139(a)(2) gives an employee a grievance-or-appeal choice, an issue that may be raised under section 4114 or subchapter XI may be raised under that route or as an unfair labor practice, but not both.
It shall be an unfair labor practice for the Department—
to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter;
to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;
to sponsor, control, or otherwise assist any labor organization, other than to furnish upon request customary and routine services and facilities on an impartial basis to labor organizations having equivalent status;
to discipline or otherwise discriminate against an employee because the employee has filed a complaint or petition, or has given any information, affidavit, or testimony under this subchapter;
to refuse to consult or negotiate in good faith with a labor organization, as required under this subchapter;
to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter;
to enforce any rule or regulation (other than a rule or regulation implementing section 2302 of title 5) which is in conflict with an applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or
to fail or refuse otherwise to comply with any provision of this subchapter.
It shall be an unfair labor practice for a labor organization—
to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this subchapter;
to cause or attempt to cause the Department to discriminate against any employee in the exercise by the employee of any right under this subchapter;
to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment or 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 functions as an employee;
to discriminate against an employee with regard to the terms and 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 disability;
to refuse to consult or negotiate in good faith with the Department, as required under this subchapter;
to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this subchapter;
to call, or participate in, a strike, work stoppage, or slowdown, or to picket the Department in a labor-management dispute (except that any such picketing in the United States which does not interfere with the Department’s operations shall not be an unfair labor practice); or
to condone any unfair labor practice described in subparagraph (A) by failing to take action to prevent or stop such activity;
to deny membership to any employee in the unit represented by the labor organization except—
for failure to tender dues uniformly required as a condition of acquiring and retaining membership, or
in the exercise of disciplinary procedures consistent with the organization’s constitution or bylaws and this subchapter; or
to fail or refuse otherwise to comply with any provision of this subchapter.
The expression of any personal view, argument, or opinion, or the making of any statement, which—
publicizes the fact of a representational election and encourages employees to exercise their right to vote in such an election;
corrects the record with respect to any false or misleading statement made by any person; or
informs employees of the Government’s policy relating to labor-management relations and representation,
if the expression contains no threat of reprisal or force or promise of benefit and was not made under coercive conditions shall not—
constitute an unfair labor practice under this subchapter, or
constitute grounds for the setting aside of any election conducted under this subchapter.
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 4139(a)(2) of this title, an employee has an option of using the grievance procedure under subchapter XI or an appeals procedure, issues which can be raised under section 4114 of this title or subchapter XI may, in the discretion of the aggrieved party, be raised either under such section or subchapter or else raised as an unfair labor practice under this section, but may not be raised both under this section and under section 4114 of this title or subchapter XI.
Source credit: (Pub. L. 96–465, title I, § 1015, Oct. 17, 1980, 94 Stat. 2137; Pub. L. 102–138, title I, § 153(d)(2), Oct. 28, 1991, 105 Stat. 674; Pub. L. 117–263, div. I, title XCII, § 9219(4), Dec. 23, 2022, 136 Stat. 3879.)
- 1980Enacted · Pub. L. 96-465 · 94 Stat. 2137
- 1991Amended · Pub. L. 102-138 · 105 Stat. 674
- 2022Amended · Pub. L. 117-263 · 136 Stat. 3879
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.
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