§ 7104. Federal Labor Relations Authority

727 words·~3 min read·/usc/title-5/section-7104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Federal Labor Relations Authority is composed of three members, not more than 2 of whom may be adherents of the same political party. No member shall engage in any other business or employment or hold another office or position in the Government of the United States except as otherwise provided by law.

(b)Members of the Authority shall be appointed by the President by and with the advice and consent of the Senate, and may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The President shall designate one member to serve as Chairman of the Authority. The Chairman is the chief executive and administrative officer of the Authority.

(c)A member of the Authority shall be appointed for a term of 5 years. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. The term of any member shall not expire before the earlier of—

(1)the date on which the member’s successor takes office, or

(2)the last day of the Congress beginning after the date on which the member’s term of office would (but for this paragraph) expire.

(d)A vacancy in the Authority shall not impair the right of the remaining members to exercise all of the powers of the Authority.

(e)The Authority shall make an annual report to the President for transmittal to the Congress which shall include information as to the cases it has heard and the decisions it has rendered.

(1)The General Counsel of the Authority shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel may be removed at any time by the President. The General Counsel shall hold no other office or position in the Government of the United States except as provided by law.

(2)The General Counsel may—

(A)investigate alleged unfair labor practices under this chapter,

(B)file and prosecute complaints under this chapter, and

(C)exercise such other powers of the Authority as the Authority may prescribe.

(3)The General Counsel shall have direct authority over, and responsibility for, all employees in the office of General Counsel, including employees of the General Counsel in the regional offices of the Authority.

(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1196; amended Pub. L. 98–224, § 3, Mar. 2, 1984, 98 Stat. 47.)