US History/US History (Bureau Development Inc.)(1991).ISO/dp/0105/01058.txt

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$Unique_ID{USH01058}
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$Title{Presidential Proclamations & Executive Orders
Chapter 5D        Federal Civilian Personnel}
$Subtitle{}
$Author{National Archives and Records Administration}
$Affiliation{National Archives}
$Subject{agency
organization
labor
order
employees
sec
section
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comp
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$Volume{}
$Date{1989}
$Log{}
Book:        Presidential Proclamations & Executive Orders
Author:      National Archives and Records Administration
Affiliation: National Archives
Date:        1989

Chapter 5D        Federal Civilian Personnel

Executive Order 11478 - Equal employment opportunity in the Federal Government

     SOURCE:  The provisions of Executive Order 11478 of Aug. 8, 1969, appear
at 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803, unless otherwise noted.

     Under and by virtue of the authority vested in me as President of the
United States by the Constitution and statutes of the United States, it is
ordered as follows:

     SECTION 1. It is the policy of the Government of the United States to
provide equal opportunity in Federal employment for all persons, to prohibit
discrimination in employment because of race, color, religion, sex, national
origin, handicap, or age, and to promote the full realization of equal
employment opportunity through a continuing affirmative program in each
executive department and agency.  This policy of equal opportunity applies to
and must be an integral part of every aspect of personnel policy and practice
in the employment, development, advancement, and treatment of civilian
employees of the Federal Government.

[Preamble deleted and sec. 1 amended by EO 12106 of Dec. 28, 1978, 44 FR 1053,
3 CFR, 1978 Comp., p. 263]

     SEC. 2. The head of each executive department and agency shall establish
and maintain an affirmative program of equal employment opportunity for all
civilian employees and applicants for employment within his jurisdiction in
accordance with the policy set forth in section 1.  It is the responsibility
of each department and agency head, to the maximum extent possible, to provide
sufficient resources to administer such a program in a positive and effective
manner; assure that recruitment activities reach all sources of job
candidates; utilize to the fullest extent the present skills of each employee;
provide the maximum feasible opportunity to employees to enhance their skills
so they may perform at their highest potential and advance in accordance with
their abilities; provide training and advice to managers and supervisors to
assure their understanding and implementation of the policy expressed in this
Order; assure participation at the local level with other employers, schools,
and public or private groups in cooperative efforts to improve community
conditions which affect employability; and provide for a system within the
department or agency for periodically evaluating the effectiveness with which
the policy of this Order is being carried out.

     SEC. 3. The Equal Employment Opportunity Commission shall be responsible
for directing and furthering the implementation of the policy of the
Government of the United States to provide equal opportunity in Federal
employment for all employees or applicants for employment (except with regard
to aliens employed outside the limits of the United States) and to prohibit
discrimination in employment because of race, color, religion, sex, national
origin, handicap, or age.

[Sec. 3 amended by EO 12106 of Dec. 28, 1978, 44 FR 1053, 3 CFR, 1978 Comp.,
p. 263]

     SEC. 4. The Equal Employment Opportunity Commission, after consultation
with all affected departments and agencies, shall issue such rules,
regulations, orders, and instructions and request such information from the
affected departments and agencies as it deems necessary and appropriate to
carry out this Order.

[Sec. 4 amended by EO 12106 of Dec. 28, 1978, 44 FR 1053, 3 CFR, 1978 Comp.,
p. 263]

     SEC. 5. All departments and agencies shall cooperate with and assist the
Equal Employment Opportunity Commission in the performance of its functions
under this Order and shall furnish the Commission such reports and information
as it may request.  The head of each department or agency shall comply with
rules, regulations, orders and instructions issued by the Equal Employment
Opportunity Commission pursuant to Section 4 of this Order.

[Sec. 5 amended by EO 12106 of Dec. 28, 1978, 44 FR 1053, 3 CFR, 1978 Comp.,
p. 263]

     SEC. 6. This Order applies (a) to military departments as defined in
section 102 of title 5, United States Code, and executive agencies (other than
the General Accounting Office) as defined in section 105 of title 5, United
States Code, and to the employees thereof (including employees paid from
nonappropriated funds), and (b) to those portions of the legislative and
judicial branches of the Federal Government and of the Government of the
District of Columbia having positions in the competitive service and to the
employees in those positions.  This Order does not apply to aliens employed
outside the limits of the United States.

     SEC. 7. Part I of Executive Order No. 11246 of September 24, 1965, and
those parts of Executive Order No. 11375 of October 13, 1967, which apply to
Federal employment, are hereby superseded.

     SEC. 8. This Order shall be applicable to the United States Postal
Service and to the Postal Rate Commission established by the Postal
Reorganization Act of 1970.

[Sec. 8 added by EO 11590 of Apr. 23, 1971, 36 FR 7831, 3 CFR, 1971-1975
Comp., p. 558]

Executive Order 11491 - Labor-management relations in the Federal Service

     SOURCE:  The provisions of Executive Order 11491 of Oct. 29, 1969, appear
at 34 FR 17605, 3 CFR, 1966-1970 Comp., p. 861, unless otherwise noted.

     WHEREAS the public interest requires high standards of employee
performance and the continual development and implementation of modern and
progressive work practices to facilitate improved employee performance and
efficiency; and

     WHEREAS the well-being of employees and efficient administration of the
Government are benefited by providing employees an opportunity to participate
in the formulation and implementation of personnel policies and practices
affecting the conditions of their employment; and

     WHEREAS the participation of employees should be improved through the
maintenance of constructive and cooperative relationships between labor
organizations and management officials; and

     WHEREAS subject to law and the paramount requirements of public service,
effective labor-management relations within the Federal service require a
clear statement of the respective rights and obligations of labor
organizations and agency management:

     NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, including sections 3301 and
7301 of title 5 of the United States Code, and as President of the United
States, I hereby direct that the following policies shall govern officers and
agencies of the executive branch of the Government in all dealings with
Federal employees and organizations representing such employees.

General Provisions

     SECTION 1. Policy. (a) Each employee of the executive branch of the
Federal Government has the right, freely and without fear of penalty or
reprisal, to form, join, and assist a labor organization or to refrain from
any such activity, and each employee shall be protected in the exercise of
this right.  Except as otherwise expressly provided in this Order, the right
to assist a labor organization extends to participation in the management of
the organization and acting for the organization in the capacity of an
organization representative, including presentation of its views to officials
of the executive branch, the Congress, or other appropriate authority.  The
head of each agency shall take the action required to assure that employees in
the agency are apprised of their rights under this section and that no
interference, restraint, coercion, or discrimination is practiced within his
agency to encourage or discourage membership in a labor organization.

     (b) Paragraph (a) of this section does not authorize participation in the
management of a labor organization or acting as a representative of such an
organization by a supervisor, except as provided in section 24 of this Order,
or by an employee when the participation or activity would result in a
conflict or apparent conflict of interest or otherwise be incompatible with
law or with the official duties of the employee.

     SEC. 2. Definitions When used in this Order, the term -

     (a) "Agency" means an executive department, a Government corporation, and
an independent establishment as defined in section 104 of title 5, United
States Code, except the General Accounting Office;

     (b) "Employee" means an employee of an agency and an employee of a
nonappropriated fund instrumentality of the United States but does not
include, for the purpose of exclusive recognition or national consultation
rights, a supervisor, except as provided in section 24 of this Order;

     (c) "Supervisor" means an employee having authority, in the interest of
an agency, to hire, transfer, suspend, lay off, recall, promote, discharge,
assign, reward, or discipline other employees, or responsibly to direct them,
or to adjust their grievances, or effectively to recommend such action, if in
connection with the foregoing the exercise of authority is not of a merely
routine or clerical nature, but requires the use of independent judgment;

     (d) [Revoked]

     (e) "Labor organization" means a lawful organization of any kind in which
employees participate and which exists for the purpose, in whole or in part,
of dealing with agencies concerning grievances, personnel policies and
practices, or other matters affecting the working conditions of their
employees; but does not include an organization which -

     (1) consists of management officials or supervisors, except as provided
in section 24 of this Order;

     (2) assists or participates in a strike against the Government of the
United States or any agency thereof, or imposes a duty or obligation to
conduct, assist, or participate in such a strike;

     (3) advocates the overthrow of the constitutional form of government of
the United States; or

     (4) discriminates with regard to the terms or conditions of membership
because of race, color, creed, sex, age, or national origin;

     (f) "Agency management" means the agency head and all management
officials, supervisors, and other representatives of management having
authority to act for the agency on any matters relating to the implementation
of the agency labor-management relations program established under this Order;

     (g) 'Authority' means the Federal Labor Relations Authority;

     (h) 'Panel' means the Federal Service Impasses Panel;

     (i) 'Assistant Secretary' means the Assistant Secretary of Labor for
Labor Management Relations; and

     'General Counsel' means the General Counsel of the Authority.

[Sec. 2 amended by EO 11616 of Aug. 26, 1971, 36 FR 17319, 3 CFR, 1971-1975
Comp., p. 605; EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR, 1971-1975
Comp., p. 957; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p.
264]

     SEC. 3. Application. (a) This Order applies to all employees and agencies
in the executive branch, except as provided in paragraphs (b), (c) and (d) of
this section.

     (b) This Order (except section 22) does not apply to -

     (1) the Federal Bureau of Investigation;

     (2) the Central Intelligence Agency;

     (3) any other agency, or office, bureau, or entity within an agency,
which has as a primary function intelligence, investigative, or security work,
when the head of the agency determines, in his sole judgment, that the Order
cannot be applied in a manner consistent with national security requirements
and considerations; or

     (4) any office, bureau or entity within an agency which has as a primary
function investigation or audit of the conduct or work of officials or
employees of the agency for the purpose of ensuring honesty and integrity in
the discharge of their official duties, when the head of the agency
determines, in his sole judgment, that the Order cannot be applied in a manner
consistent with the internal security of the agency.

     (5) The Foreign Service of the United States:  Department of State,
United States Information Agency and Agency for International Development and
its successor agency or agencies.

     (6) The Tennessee Valley Authority; or

     (7) Personnel of the Federal Labor Relations Authority (including the
Office of the General Counsel and the Federal Service Impasses Panel).

     (c) The head of an agency may, in his sole judgment, suspend any
provision of this Order (except section 22) with respect to any agency
installation or activity located outside the United States, when he determines
that this is necessary in the national interest, subject to the conditions he
prescribes.

     (d) Employees engaged in administering a labor-management relations law
or this Order who are otherwise authorized by this Order to be represented by
a labor organization shall not be represented by a labor organization which
also represents other groups of employees under the law or this Order, or
which is affiliated directly or indirectly with an organization which
represents such a group of employees.

[Sec. 3 amended by EO 11636 of Dec. 17, 1971, 36 FR 24901, 3 CFR, 1971-1975
Comp., p. 634; EO 11901 of Jan. 30, 1976, 41 FR 4807, 3 CFR, 1976 Comp., p.
87; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

Administration

SEC. 4. Powers and Duties of the Federal Labor Relations Authority.

     (a) [Revoked]

     (b) The Authority shall administer and interpret this Order, decide major
policy issues, and prescribe regulations.

     (c) The Authority shall, subject to its regulations:

     (1) decide questions as to the appropriate unit for the purpose of
exclusive recognition and related issues submitted for its considerations;

     (2) supervise elections to determine whether a labor organization is the
choice of a majority of the employees in an appropriate unit as their
exclusive representative, and certify the results;

     (3) decide questions as to the eligibility of labor organizations for
national consultation rights;

     (4) decide unfair labor practice complaints; and

     (5) decide questions as to whether a grievance is subject to a negotiated
grievance procedure or subject to arbitration under an agreement as provided
in Section 13(d) of this Order.

     (d) The Authority may consider, subject to its regulations:

     (1) appeals on negotiability issues as provided in Section 11(c) of this
Order;

     (2) exceptions to arbitration awards;

     (3) appeals from decisions of the Assistant Secretary of Labor for
Labor-Management Relations issued pursuant to Section 6(b) of this Order; and

     (4) other matters it deems appropriate to assure the effectuation of the
purposes of this Order.

     (e) In any matters arising under subsection (c) and (d)(3) of this
Section, the Authority may require an agency or a labor organization to cease
and desist from violations of this Order and require it to take such
affirmative action as the Authority considers appropriate to effectuate the
policies of this Order.

     (f) In performing the duties imposed on it by this Section, the Authority
may request and use the services and assistance of employees of other agencies
in accordance with Section 1 of the Act of March 4, 1915 (38 Stat. 1084, as
amended; 31 U.S.C. 686).

[Sec. 4 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 5. Powers and Duties of the Federal Service Impasses Panel. (a)
There is hereby established the Federal Service Impasses Panel as a distinct
organizational entity within the Authority.  The Panel consists of at least
three members appointed by the President, one of whom he designates as
chairman.  The Authority shall provide the services and staff assistance
needed by the Panel.

     (b) The Panel may consider negotiation impasses as provided in section 17
of this Order and may take any action it considers necessary to settle an
impasse.

     (c) The Panel shall prescribe regulations needed to administer its
function under this Order.

[Sec. 5 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 6. Powers and Duties of the Office of the General Counsel and the
Assistant Secretary of Labor for Labor-Management Relations

     (a) The General Counsel is authorized, upon direction by the Authority,
to:

     (1) investigate complaints of violations of Section 19 of this Order;

     (2) make final decisions as to whether to issue unfair labor practice
complaints and prosecute such complaints before the Authority;

     (3) direct and supervise all employees in the Office of General Counsel,
including employees of the General Counsel in the regional office of the
Authority;

     (4) perform such other duties as the Authority may prescribe; and

     (5) prescribe regulations needed to administer his functions under this
Order.

     (b)The Assistant Secretary shall:

     (1) decide alleged violations of the standards of conduct for labor
organizations, established in Section 18 of this Order; and

     (2) prescribe regulations needed to administer his functions under this
Order.

     (c) In any matter arising under paragraph (b) of this Section, the
Assistant Secretary may require a labor organization to cease and desist from
violations of this Order and require it to take such affirmative action as he
considers appropriate to effectuate the policies of this Order.

     (d) In performing the duties imposed on them by this Section, the General
Counsel and the Assistant Secretary may request and use the services and
assistance of employees of other agencies in accordance with Section 1 of the
Act of March 4, 1915 (38 Stat. 1084, as amended; 31 U.S.C. 686).

[Sec. 6 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

Recognition

     SEC. 7. Recognition in general. (a) An agency shall accord exclusive
recognition or national consultation rights at the request of a labor
organization which meets the requirements for the recognition or consultation
rights under this Order.

     (b) A labor organization seeking recognition shall submit to the agency a
roster of its officers and representatives, a copy of its constitution and
by-laws, and a statement of its objectives.

     (c) When recognition of a labor organization has been accorded, the
recognition continues as long as the organization continues to meet the
requirements of this Order applicable to that recognition, except that this
section does not require an election to determine whether an organization
should become, or continue to be recognized as exclusive representative of the
employees in any unit or subdivision thereof within 12 months after a prior
valid election with respect to such unit.

     (d) Recognition of a labor organization does not -

     (1) preclude an employee, regardless of whether he is in a unit of
exclusive recognition, from exercising grievance or appellate rights
established by law or regulation, or from choosing his own representative in a
grievance or appellate action, except when the grievance is covered under a
negotiated procedure as provided in section 13;

     (2) preclude or restrict consultations and dealings between an agency and
a veterans organization with respect to matters of particular interest to
employees with veterans preference; or

     (3) preclude an agency from consulting or dealing with a religious,
social, fraternal, professional or other lawful association, not qualified as
a labor organization, with respect to matters or policies which involve
individual members of the association or are of particular applicability to it
or its members.  Consultations and dealings under subparagraph (3) of this
paragraph shall be so limited that they do not assume the character of formal
consultation on matters of general employee-management policy covering
employees in that unit or extend to areas where recognition of the interests
of one employee group may result in discrimination against or injury to the
interests of other employees.

     (e) [Revoked]

     (f) Informal recognition or formal recognition shall not be accorded.

[Sec. 7 amended by EO 11616 of Aug. 26, 1971, 36 FR 17319, 3 CFR, 1971-1975
Comp., p. 605; EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR, 1971-1975
Comp., p. 957]

     SEC. 8. Formal Recognition. [Revoked]

[Sec. 8 revoked by EO 11616 of Aug. 26, 1971, 36 FR 17319, 3 CFR, 1971-1975
Comp., p. 605]

     SEC. 9. National consultation rights (a) An agency shall accord national
consultation rights to a labor organization which qualifies under criteria
established by the Federal Labor Relations Authority as the representative of
a substantial number of employees of the agency.  National consultation rights
shall not be accorded for any unit where a labor organization already holds
exclusive recognition at the national level for that unit.  The granting of
national consultation rights does not preclude an agency from appropriate
dealings at the national level with other organizations on matters affecting
their members.  An agency shall terminate national consultation rights when
the labor organization ceases to qualify under the established criteria.

     (b) When a labor organization has been accorded national consultation
rights, the agency, through appropriate officials, shall notify,
representatives of the organization of proposed substantive changes in
personnel policies that affect employees it represents and provide an
opportunity for the organization to comment on the proposed changes.  The
labor organization may suggest changes in the agency's personnel policies and
have its views carefully considered.  It may consult in person at reasonable
times, on request, with appropriate officials on personnel policy matters, and
at all times present its views thereon in writing.  An agency is not required
to consult with a labor organization on any matter on which it would not be
required to meet and confer if the organization were entitled to exclusive
recognition.

     (c) Questions as to the eligibility of labor organizations for national
consultation rights may be referred to the Authority for decision.

[Sec. 9 amended by EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR, 1971-
1975 Comp., p. 957; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 10. Exclusive recognition. (a) An agency shall accord exclusive
recognition to a labor organization when the organization has been selected,
in a secret ballot election, by a majority of the employees in an appropriate
unit as their representative; provided that this section shall not preclude an
agency from according exclusive recognition to a labor organization, without
an election, where the appropriate unit is established through the
consolidation of existing exclusively recognized units represented by that
organization.

     (b) A unit may be established on a plant or installation, craft,
functional, or other basis which will ensure a clear and identifiable
community of interest among the employees concerned and will promote effective
dealings and efficiency of agency operations.  A unit shall not be established
solely on the basis of the extent to which employees in the proposed unit have
organized, nor shall a unit be established if it includes -

     (1) any management official or supervisor, except as provided in section
24;

     (2) an employee engaged in Federal personnel work in other than a purely
clerical capacity; or

     (3) [Revoked]

     (4) both professional and nonprofessional employees, unless a majority of
the professional employees vote for inclusion in the unit.  Questions as to
the appropriate unit and related issues may be referred to the Authority for
decision.

     (c) [Revoked]

     (d) All elections shall be conducted under the supervision of the
Authority, or persons designated by it, and shall be by secret ballot.  Each
employee eligible to vote shall be provided the opportunity to choose the
labor organization he wishes to represent him, from among those on the ballot,
or 'no union', except as provided in subparagraph (4) of this paragraph.
Elections may be held to determine whether -

     (1) a labor organization should be recognized as the exclusive
representative of employees in a unit;

     (2) a labor organization should replace another labor organization as the
exclusive representative;

     (3) a labor organization should cease to be the exclusive representative;
or

     (4) a labor organization should be recognized as the exclusive
representative of employees in a unit composed of employees in units currently
represented by that labor organization or continue to be recognized in the
existing separate units.

     (e) When a labor organization has been accorded exclusive recognition, it
is the exclusive representative of employees in the unit and is entitled to
act for and to negotiate agreements covering all employees in the unit.  It is
responsible for representing the interests of all employees in the unit
without discrimination and without regard to labor organization membership.
The labor organization shall be given the opportunity to be represented at
formal discussions between management and employees or employee
representatives concerning grievances, personnel policies and practices, or
other matters affecting general working conditions of employees in the unit.

[Sec. 10 amended by EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR,
1971-1975 Comp., p. 957; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p. 264]

     SEC. 11. Negotiation of agreements (a) An agency and a labor organization
that has been accorded exclusive recognition, through appropriate
representatives, shall meet at reasonable times and confer in good faith with
respect to personnel policies and practices and matters affecting working
conditions, so far as may be appropriate under applicable laws and
regulations, including policies set forth in the Federal Personnel Manual;
published agency policies and regulations for which a compelling need exists
under criteria established by the Federal Labor Relations Authority and which
are issued at the agency headquarters level or at the level of a primary
national subdivision; a national or other controlling agreement at a higher
level in the agency; and this order.  They may negotiate an agreement, or any
question arising thereunder; determine appropriate techniques, consistent with
section 17 of this order, to assist in such negotiation; and execute a wrioten
agreement or memorandum of understanding.

     (b) In prescribing regulations relating to personnel policies and
practices and working conditions, an agency shall have due regard for the
obligation imposed by paragraph (a) of this section.  However, the obligation
to meet and confer does not include matters with respect to the mission of an
agency; its budget; its organization; the number of employees; and the
numbers, types, and grades of positions or employees assigned to an
organizational unit, work project or tour of duty; the technology of
performing its work; or its internal security practices.  This does not
preclude the parties from negotiating agreements providing appropriate
arrangements for employees adversely affected by the impact of realignment of
work forces or technological change.

     (c) If, in connection with negotiations, an issue develops as to whether
a proposal is contrary to law, regulation, controlling agreement, or this
order and therefore not negotiable, it shall be resolved as follows:

     (1) An issue which involves interpretation of a controlling agreement at
a higher agency level is resolved under the procedures of the controlling
agreement, or, if none, under agency regulations;

     (2) An issue other than as described in subparagraph (1) of this
paragraph which arises at a local level may be referred by either party to the
head of the agency for determination;

     (3) An agency head's determination as to the interpretation of the
agency's regulations with respect to a proposal is final;

     (4) A labor organization may appeal to the Authority for a decision when
-

     (i) it disagrees with an agency head's determination that a proposal
would violate applicable law, regulation of appropriate authority outside the
agency, or this order, or

     (ii) it believes that an agency's regulations, as interpreted by the
agency head, violate applicable law, regulation of appropriate authority
outside the agency, or this order, or are not otherwise applicable to bar
negotiations under paragraph (a) of this section.

[Sec. 11 amended by EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR,
1971-1975 Comp., p. 957; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p. 264]

     SEC. 12. Basic provisions of agreements Each agreement between an agency
and a labor organization is subject to the following requirements -

     (a) in the administration of all matters covered by the agreement,
officials and employees are governed by existing or future laws and the
regulations of appropriate authorities, including policies set forth in the
Federal Personnel Manual; by published agency policies and regulations in
existence at the time the agreement was approved; and by subsequently
published agency policies and regulations required by law or by the
regulations of appropriate authorities, or authorized by the terms of a
controlling agreement at a higher agency level;

     (b) management officials of the agency retain the right, in accordance
with applicable laws and regulations -

     (1) to direct employees of the agency;

     (2) to hire, promote, transfer, assign, and retain employees in positions
within the agency, and to suspend, demote, discharge, or take other
disciplinary action against employees;

     (3) to relieve employees from duties because of lack of work or for other
legitimate reasons;

     (4) to maintain the efficiency of the Government operations entrusted to
them;

     (5) to determine the methods, means, and personnel by which such
operations are to be conducted; and

     (6) to take whatever actions may be necessary to carry out the mission of
the agency in situations of emergency; and

     (c) nothing in the agreement shall require an employee to become or to
remain a member of a labor organization, or to pay money to the organization
except pursuant to a voluntary, written authorization by a member for the
payment of dues through payroll deductions.  The requirements of this section
shall be expressly stated in the initial or basic agreement and apply to all
supplemental, implementing, subsidiary, or informal agreements between the
agency and the organization.

     SEC. 13. Grievance and arbitration procedures (a) An agreement between an
agency and a labor organization shall provide a procedure, applicable only to
the unit, for the consideration of grievances.  The coverage and scope of the
procedure shall be negotiated by the parties to the agreement with the
exception that it may not cover matters for which a statutory appeal procedure
exists and so long as it does not otherwise conflict with statute or this
order.  It shall be the exclusive procedure available to the parties and the
employees in the unit for resolving grievances which fall within its coverage.
However, any employee or group of employees in the unit may present such
grievances to the agency and have them adjusted, without the intervention of
the exclusive representative, as long as the adjustment is not inconsistent
with the terms of the agreement and the exclusive representative has been
given opportunity to be present at the adjustment.

     (b) A negotiated procedure may provide for arbitration of grievances.
Arbitration may be invoked only by the agency or the exclusive representative.
Either party may file exceptions to an arbitrator's award with the Authority,
under regulations prescribed by the Authority.

     (c) [Revoked]

     (d) Questions that cannot be resolved by the parties as to whether or not
a grievance is on a matter for which a statutory appeal procedure exists,
shall be referred to the Authority for decision.  Other questions as to
whether or not a grievance is on a matter subject to the grievance procedure
in an existing agreement, or is subject to arbitration under that agreement,
may by agreement of the parties be submitted to arbitration or may be referred
to the Authority for decision.

[Sec. 13 amended by EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR,
1971-1975 Comp., p. 957; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p. 264]

     SEC. 14. Arbitration of grievances [Revoked]

[Sec. 14 revoked by EO 11616 of Aug. 26, 1971, 36 FR 17319, 3 CFR, 1971-1975
Comp., p. 605]

     SEC. 15. Approval of agreements An agreement with a labor organization as
the exclusive representative of employees in a unit is subject to the approval
of the head of the agency or an official designated by him.  An agreement
shall be approved within forty-five days from the date of its execution if it
conforms to applicable laws, the order, existing published agency policies and
regulations (unless the agency has granted an exception to a policy or
regulation) and regulations of other appropriate authorities.  An agreement
which has not been approved or disapproved within forty-five days from the
date of its execution shall go into effect without the required approval of
the agency head and shall be binding on the parties subject to the provisions
of law, the order and the regulations of appropriate authorities outside the
agency.  A local agreement subject to a national or other controlling
agreement at a higher level shall be approved under the procedures of the
controlling agreement, or, if none, under agency regulations.

[Sec. 15 amended by EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR,
1971-1975 Comp., p. 957]

Negotiation Disputes and Impasses

     SEC. 16. Negotiation disputes The Federal Mediation and Conciliation
Service shall provide services and assistance to Federal agencies and labor
organizations in the resolution of negotiation disputes.  The Service shall
determine under what circumstances and in what manner it shall proffer its
services.

     SEC. 17. Negotiation impasses When voluntary arrangements, including the
services of the Federal Mediation and Conciliation Service or other
third-party mediation, fail to resolve a negotiation impasse, either party may
request the Federal Service Impasses Panel to consider the matter.  The Panel,
in its discretion and under the regulations it prescribes, may consider the
matter and may recommend procedures to the parties for the resolution of the
impasse or may settle the impasse by appropriate action. Arbitration or
third-party fact finding with recommendations to assist in the resolution of
an impasse may be used by the parties only when authorized or directed by the
Panel.

Conduct of Labor Organizations and Management

SEC. 18. Standards of conduct for labor organizations

     (a) An agency shall accord recognition only to a labor organization that
is free from corrupt influences and influences opposed to basic democratic
principles.  Except as provided in paragraph (b) of this section, an
organization is not required to prove that it has the required freedom when it
is subject to governing requirements adopted by the organization or by a
national or international labor organization or federation of labor
organizations with which it is affiliated or in which it participates,
containing explicit and detailed provisions to which it subscribes calling for
-

     (1) the maintenance of democratic procedures and practices, including
provisions for periodic elections to be conducted subject to recognized
safeguards and provisions defining and securing the right of individual
members to participation in the affairs of the organization, to fair and equal
treatment under the governing rules of the organization, and to fair process
in disciplinary proceedings;

     (2) the exclusion from office in the organization of persons affiliated
with Communist or other totalitarian movements and persons identified with
corrupt influences;

     (3) the prohibition of business or financial interests on the part of
organization officers and agents which conflict with their duty to the
organization and its members; and

     (4) the maintenance of fiscal integrity in the conduct of the affairs of
the organization, including provision for accounting and financial controls
and regular financial reports or summaries to be made available to members.

     (b) Notwithstanding the fact that a labor organization has adopted or
subscribed to standards of conduct as provided in paragraph (a) of this
section, the organization is required to furnish evidence of its freedom from
corrupt influences or influences opposed to basic democratic principles when
there is reasonable cause to believe that -

     (1) the organization has been suspended or expelled from or is subject to
other sanction by a parent labor organization or federation of organizations
with which it had been affiliated because it has demonstrated an unwillingness
or inability to comply with governing requirements comparable in purpose to
those required by paragraph (a) of this section; or

     (2) the organization is in fact subject to influences that would preclude
recognition under this Order.

     (c) A labor organization which has or seeks recognition as a
representative of employees under this Order shall file financial and other
reports, provide for bonding of officials and employees of the organization,
and comply with trusteeship and election standards.

     (d) The Assistant Secretary shall prescribe the regulations needed to
effectuate this section.  These regulations shall conform generally to the
principles applied to unions in the private sector.  Complaints of violations
of this section shall be filed with the Assistant Secretary.

     SEC. 19. Unfair labor practices (a) Agency management shall not - (1)
interfere with, restrain, or coerce an employee in the exercise of the rights
assured by this Order

     (2) encourage or discourage membership in a labor organization by
discrimination in regard to hiring, tenure, promotion, or other conditions of
employment;

     (3) sponsor, control, or otherwise assist a labor organization, except
that an agency may furnish customary and routine services and facilities under
section 23 of this Order when consistent with the best interests of the
agency, its employees, and the Organization, and when the services and
facilities are furnished, if requested, on an impartial basis to organizations
having equivalent status;

     (4) discipline or otherwise discriminate against an employee because he
has filed a complaint or given testimony under this Order;

     (5) refuse to accord appropriate recognition to a labor organization
qualified for such recognition; or

     (6) refuse to consult, confer, or negotiate with a labor organization as
required by this Order.

     (b) A labor organization shall not -

     (1) interfere with, restrain, or coerce an employee in the exercise of
his rights assured by this Order;

     (2) attempt to induce agency management to coerce an employee in the
exercise of his rights under this Order;

     (3) coerce, attempt to coerce, or discipline, fine, or take other
economic sanction against a member of the organization as punishment or
reprisal for, or for the purpose of hindering or impeding his work
performance, his productivity, or the discharge of his duties owed as an
officer or employee of the United States;

     (4) call or engage in a strike, work stoppage, or slowdown; picket an
agency in a labor-management dispute; or condone any such activity by failing
to take affirmative action to prevent or stop it;

     (5) discriminate against an employee with regard to the terms or
conditions of membership because of race, color, creed, sex, age, or national
origin; or

     (6) refuse to consult, confer, or negotiate with an agency as required by
this Order.

     (c) A labor organization which is accorded exclusive recognition shall
not deny membership to any employee in the appropriate unit except for failure
to meet reasonable occupational standards uniformly required for admission, or
for failure to tender initiation fees and dues uniformly required as a
condition of acquiring and retaining membership.  This paragraph does not
preclude a labor organization from enforcing discipline in accordance with
procedures under its constitution or by-laws which conform to the requirements
of this Order.

     (d) Issues which can properly be raised under an appeals procedure may
not be raised under this section.  Issues which can be raised under a
grievance procedure may, in the discretion of the aggrieved party, be raised
under that procedure or the complaint procedure under this section, but not
under both procedures.  Appeals or grievance decisions shall not be construed
as unfair labor practice decisions under this Order nor as precedent for such
decisions.  All complaints under this section that cannot be resolved by the
parties shall be filed with the Authority.

[Sec. 19 amended by EO 11616 of Aug. 26, 1971, 36 FR 17319, 3 CFR, 1971-1975
Comp., p. 605; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p.
264]

     SEC. 20. Use of official time.  Solicitation of membership or dues, and
other internal business of a labor organization, shall be conducted during the
non-duty hours of the employees concerned.  Employees who represent a
recognized labor organization shall not be on official time when negotiating
an agreement with agency management, except to the extent that the negotiating
parties agree to other arrangements which may provide that the agency will
either authorize official time for up to 40 hours or authorize up to one-half
the time spent in negotiations during regular working hours, for a reasonable
number of employees, which number normally shall not exceed the number of
management representatives.

[Sec. 20 amended by EO 11616 of Aug. 26, 1971, 36 FR 17319, 3 CFR, 1971-1975
Comp., p. 605]

     SEC. 21. Allotment of dues (a) When a labor organization holds exclusive
recognition, and the agency and the organization agree in writing to this
course of action, an agency may deduct the regular and periodic dues of the
organization from the pay of members of the organization in the unit of
recognition who make a voluntary allotment for that purpose.  Such an
allotment is subject to the regulations of the Office of Personnel Management,
which shall include provision for the employee to revoke his authorization at
stated six-month intervals.  Such an allotment terminates when -

     (1) the dues withholding agreement between the agency and the labor
organization is terminated or ceases to be applicable to the employee; or

     (2) the employee has been suspended or expelled from the labor
organization.

[Sec. 21 amended by EO 11616 of Aug. 26, 1971, 36 FR 17319, 3 CFR, 1971-1975
Comp., p. 605; EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR, 1971-1975
Comp., p. 957; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p.
264]

     SEC. 22. Adverse action appeals The head of each agency, in accordance
with the provisions of this Order and regulations prescribed by the Office of
Personnel Management, shall extend to all employees in the competitive civil
service rights identical in adverse action cases to those provided preference
eligibles under sections 7511-7512 of title 5 of the United States Code.  Each
employee in the competitive service shall have the right to appeal to the
Merit Systems Protection Board from an adverse decision of the administrative
officer so acting, such appeal to be processed in an identical manner to that
provided for appeals under section 7701 of title 5 of the United States Code.
Any recommendation by the Merit Systems Protection Board submitted to the head
of an agency on the basis of an appeal by an employee in the competitive
service shall be complied with by the head of the agency.

[Sec. 22 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp.,
p. 264]

     SEC. 23. Agency implementation.  No later than April 1, 1970, each agency
shall issue appropriate policies and regulations consistent with this Order
for its implementation.  This includes but is not limited to a clear statement
of the rights of its employees under this Order; procedures with respect to
recognition of labor organizations, determination of appropriate units,
consultation and negotiation with labor organizations, approval of agreements,
mediation, and impasse resolution; policies with respect to the use of agency
facilities by labor organizations; and policies and practices regarding
consultation with other organizations and associations and individual
employees.  Insofar as practicable, agencies shall consult with
representatives of labor organizations in the formulation of these policies
and regulations.

[Sec. 23 amended by EO 11838 of Feb. 6, 1975, 40 FR 5743, 7391, 3 CFR,
1971-1975 Comp., p. 957]

     SEC. 24. Savings clauses This Order does not preclude-

     (1) the renewal or continuation of a lawful agreement between an agency
and a representative of its employees entered into before the effective date
of Executive Order No. 10988 (January 17, 1962); or

     (2) the renewal, continuation, or initial according of recognition for
units of management officials or supervisors represented by labor
organizations which historically or traditionally represent the management
officials or supervisors in private industry and which hold exclusive
recognition for units of such officials or supervisors in any agency on the
date of this Order.

[Sec. 24 amended by EO 11616 of Aug. 26, 1971, 36 FIt 17319, 3 CFR, 1971-1975
Comp., p. 605]

     SEC. 25. Guidance, training, review and information.

     (a) The Office of Personnel Management, in conjunction with the Director
of the Office of Management and Budget, shall establish and maintain a program
for the policy guidance of agencies on labor-management relations in the
Federal service and shall periodically review the implementation of these
policies.  The Office of Personnel Management shall be responsible for the
day-to-day policy guidance under that program.  The Office of Personnel
Management also shall continuously review the operation of the Federal
labor-management relations program to assist in assuring adherence to its
provisions and merit system requirements; implement technical advice and
information programs for the agencies; assist in the development of programs
for training agency personnel and management officials in labor-management
relations; and, from time to time, report to the Authority on the state of the
program with any recommendations for its improvement.

     (b) The Office of Personnel Management shall develop programs for the
collection and dissemination of information appropriate to the needs of
agencies, organizations and the public.

[Sec. 25 amended by EO 11616 of Aug. 26, 1971, 36 FR 17319, 3 CFR, 1971-1975
Comp., p. 605; EO 12027 of Dec. 5, 1977, 42 FR 61851, 3 CFR, 1977 Comp., p.
159; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

     SEC. 26. Effective date.  This Order is effective on January 1, 1970
except sections 7(f) and 8 which are effective immediately.  Effective January
1, 1970, Executive Order No. 10988 and the President's Memorandum of May 21,
1963, entitled Standards of Conduct for Employee Organizations and Code of
Fair Labor Practices, are revoked.