H.R.13173 - Federal Employee Labor Management Act93rd Congress (1973-1974)
|Sponsor:||Rep. Roe, Robert A. [D-NJ-8] (Introduced 02/28/1974)|
|Committees:||House - Post Office and Civil Service|
|Latest Action:||House - 02/28/1974 Referred to House Committee on Post Office and Civil Service. (All Actions)|
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Summary: H.R.13173 — 93rd Congress (1973-1974)All Information (Except Text)
Introduced in House (02/28/1974)
Federal Employee Labor Management Act - Title I: Declaration of Policy - Declares it to be the policy of this Act that employees of the Federal Government shall have, and shall be protected in the exercise of, the right, freely and without fear of penalty or reprisal, to form, join, and assist any labor organization, including the right to participate in the management of any such organization and act for the organization in the capacity of an organization representative, including presentation of its views to officials of the executive branch of the Government, the Congress, or other appropriate authority. Requires that the head of each Government department, agency, activity, organization, or function shall take such action as may be required to carry out the purpose of this Act and assure that no improper interference, restraint, coercion, or discrimination is practiced to discourage membership in any labor organization.
Title II: Definitions - Defines the terms used in this Act.
Title III: Federal Labor Relations Authority - Creates the Federal Labor Relations Authority composed of a Chairman and two additional members to be appointed by the President by and with the advice and consent of the Senate.
Requires such Authority to make a report to Congress and to the President at the close of each fiscal year stating the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed.
Title IV: Powers and Duties of the Authority - Provides that the Authority shall resolve and determine any dispute concerning a unit appropriate for purposes of recognition and collective bargaining, conduct elections for exclusive recognition, resolve and determine any complaints of unfair labor practices, and investigate and resolve any negotiation impasse.
Authorizes the Authority to delegate to its regional directors its powers to recognize labor organizations which request recognition in conformity with this Act, to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, to determine whether a question of representation exists, and to direct an election, conduct a secret ballot election, and certify the results thereof. Provides that upon the filing of a request therefor with the Authority by any interested person, the Authority may review any action of a regional director, delegated to him under this title, but such a review shall not, unless specifically ordered by the Authority, operate as a stay of any action taken by the regional director.
Authorizes the Authority to delegate to a trial examiner its powers to determine whether any person has engaged in an unfair labor practice under this Act.
Title V: Recognition of Labor Organizations - Provides for the Authority to grant recognition to labor organizations upon application according to procedures set forth in this title. Provides that, upon such recognition as the exclusive representative of employees in an appropriate unit, the labor organization shall be entitled to represent and bargain collectively for all employees in the unit and shall be responsible for representing the interests of all such employees.
Title VI: Allotments to Representatives - Provides for the allotment to labor organizations of deductions from employee wages for initiation fees and membership dues in such organizations, upon written assignment authorizing such allotment by the employee. Provides that such assignment shall be honored at no cost to the labor organization.
Provides that an assignment under the provisions of this title shall be irrevocable for a period of not more than one year or until the expiration date of the applicable collective agreement, whichever occurs later.
Title VII: Unfair Labor Practices - Provides that it shall be an unfair labor practice for an agency covered by this Act: (1) to interfere with, restrain, or coerce employees in the exercise of the rights assured by this Act; (2) to discourage membership in any labor organization by discrimination in regard to hiring, tenure, promotion, or other conditions of employment; (3) to sponsor, control, or otherwise assist any labor organization, except that the agency may furnish customary and routine services and facilities; (4) to discipline or otherwise discriminate against an employee because he has filed a complaint, affidavit, petition, or given any information or testimony under this Act; (5) to refuse to consult, confer, or negotiate in good faith with a labor organization as required by this Act; (6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this Act; or (7) to fail or refuse to comply with any provision of this Act.
Provides that it shall be an unfair labor practice for a labor organization: (1) to interfere with, restrain, or coerce any employee in the exercise of the rights assured by this Act: provided that this shall not impair the right of a labor organization to prescribe and enforce its rules with respect to the acquisition or retention of membership; (2) to cause or attempt to cause an agency to discriminate against an employee in the exercise of his rights under this Act; (3) to coerce or discipline any member of the labor organization as punishment or reprisal for his discharge of his duties owed as an officer or employee of an agency covered by this Act; (4) to discriminate against any employee with regard to the terms or conditions of membership because of race, color, religion, sex, age, or national origin; and (5) to refuse to cooperate in impasse procedures and impasse decisions as required by this Act.
Title VIII: Prevention of Unfair Labor Practices - Empowers the Authority to prevent any person from engaging in any unfair labor practice covered by this Act.
Provides that the Authority, upon its determination that there has been an arbitrary, capricious, or otherwise knowing violation of this Act, by any supervisor or official of an agency covered by this Act, may order the agency to discipline the supervisor or official by demotion, suspension, or removal.
Title IX: Negotiation Disputes and Impasses - Directs the Federal Mediation and Conciliation Service to provide services and assistance to those agencies and labor organizations covered by this Act in the resolution of negotiation disputes.
Provides that where voluntary arrangements, including the services of the Service under this title, fail to resolve a negotiation impasse, either party may request the Federal Labor Relations Authority to consider the matter. Provides that if the parties do not arrive at a settlement through means assisted by the Authority, the Authority shall render its decision in writing on the matters in dispute. Provides that such decision by the Authority shall be final and binding upon all parties during the term of the arrangement.
Title X: Investigatory Powers - Grants investigatory powers to the Authority for the purpose of all hearings and investigations which the Authority may deem necessary and proper for the exercise of the powers vested in it by this Act.
Title XI: Settlement of Grievances - Provides that a labor organization having exclusive recognition shall have the right in its own behalf or on behalf of any employee in the unit to present and process grievances and to submit to arbitration unresolved grievances.
Provides for the establishment of grievance procedures available to bargaining unit employees for the settlement of grievances under this Act. Provides that such procedures shall include fixed and reasonable time limits for a decision at each grievance step.
Title XII: Official Time - Provides that employees participating in any phase of proceedings under this Act shall be free to do so without suffering any loss or pay or benefits and shall be free from restraint or interference as a consequence of such participation.
Title XIII: Compilation and Publication of Data - Requires the Bureau of Labor Statistics of the Department of Labor to maintain a file of copies of all available collective-bargaining agreements applicable to employees of any agency covered by this Act. Requires the Bureau to publish the full texts of all arbitration decisions settling or adjusting disputes involving such employees.
Authorizes the Bureau to compile and publish all available data and factual information relating to labor-management relations in the Federal service.
Title XIV: Standards of Conduct for Labor Organizations - Requires labor organizations representing or seeking to represent employees pursuant to this Act to adopt governing requirements containing explicit and detailed provisions to which it subscribes, including those providing for the maintenance of democratic procedures and practices, conduct of officers and agents, and the maintenance of fiscal integrity.
Title XV: Violations, Enforcement, and Suits - Provides that any person willfully resisting or preventing any member of the Authority or an arbitrator from carrying out his duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.
Title XVI: Funding - Authorizes the appropriation of such sums as are necessary to carry out the functions and purposes of this Act.
Title XVII: Miscellaneous Provisions - Provides that the provisions of the Administrative Procedure Act shall be applicable to the issuance, amendment, or recision of any rules or regulations authorized or required to carry out the provisions of this Act. (Amends 5 U.S.C. 5314)