View all text of Part D [§ 1351 - § 1351]
§ 1351. Application of chapter 71 of title 5 relating to Federal service labor-management relations; procedures for remedy of violations
(a) Labor-management rights
(1) In general
(2) Application
(3) Definitions
(b) Remedy
(c) Authorities and procedures for implementation and enforcement
(1) General authorities of Board; petitions
(2) General authorities of the General Counsel; charges of unfair labor practice
(3) Judicial review
(4) Exercise of impasses panel authority; requests
(d) Regulations to implement section
(1) In general
(2) Agency regulationsExcept 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 requiredThe 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) 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; and
(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 toThe 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
(2) Certain offices
(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.)