Sec. 5. Minimum standards administered by the Federal Labor Relations Authority
517 words·~2 min read·
/bill/115/hr/6238/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Authority shall issue regulations in accordance with the rights and responsibilities described in section 4(b) establishing collective bargaining procedures for public employers, labor organizations, and public employees in States which the Authority has determined, acting pursuant to section 4(a), do not substantially provide for such rights and responsibilities. The Authority, to the extent provided in this Act and in accordance with regulations prescribed by the Authority, shall— protect the right of public employees to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, protect the right of public employees to bargain collectively through representatives of their own choosing, and protect the right of public employees to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the public employees voting in such election in an appropriate unit, and provide for the payroll deduction of labor organization fees to any such duly-elected exclusive representative pursuant to the terms of an authorization executed by a public employee; determine the appropriateness of units for labor organization representation; require public employers to— recognize the labor organization of its public employees (freely chosen by a majority of such employees voting in the appropriate unit) as the exclusive representative of such employees; bargain in good faith with such labor organization concerning public employees’ terms and conditions of employment, which shall include a procedure for the settlement of grievances culminating in binding arbitration in any agreement and a procedure for resolving any impasses in collective bargaining; and commit any agreements to writing in a contract or memorandum of understanding; prohibit practices which interfere with, coerce, or intimidate public employees in the exercise of rights guaranteed in paragraph
(1)or regulations issued thereunder; conduct hearings and resolve complaints concerning violations of any regulation or order issued by the Authority pursuant to this Act; resolve exceptions to the awards of arbitrators; and take such other actions as are necessary and appropriate to effectively administer this Act, including issuing subpoenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States, administering oaths, taking or ordering the taking of depositions, ordering responses to written interrogatories, and receiving and examining witnesses. The Authority may issue an order directing compliance by any person or public employer found to be in violation of this section, and may petition any United States Court of Appeals with jurisdiction over the parties, or the United States Court of Appeals for the District of Columbia Circuit, to enforce any such final orders issued pursuant to this section or pursuant to regulations issued under this section, and for appropriate temporary relief or a restraining order. Any petition under this section shall be conducted in accordance with subsections
(c)and
(d)of section 7123 of title 5, United States Code.