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U.S. Code as of:
01/03/05
Section 7105. Powers and duties of the Authority
(a)(1) The Authority shall provide leadership in establishing
policies and guidance relating to matters under this chapter, and,
except as otherwise provided, shall be responsible for carrying out
the purpose of this chapter.
(2) The Authority shall, to the extent provided in this chapter
and in accordance with regulations prescribed by the Authority -
(A) determine the appropriateness of units for labor
organization representation under section 7112 of this title;
(B) supervise or conduct elections to determine whether a labor
organization has been selected as an exclusive representative by
a majority of the employees in an appropriate unit and otherwise
administer the provisions of section 7111 of this title relating
to the according of exclusive recognition to labor organizations;
(C) prescribe criteria and resolve issues relating to the
granting of national consultation rights under section 7113 of
this title;
(D) prescribe criteria and resolve issues relating to
determining compelling need for agency rules or regulations under
section 7117(b) of this title;
(E) resolves issues relating to the duty to bargain in good
faith under section 7117(c) of this title;
(F) prescribe criteria relating to the granting of consultation
rights with respect to conditions of employment under section
7117(d) of this title;
(G) conduct hearings and resolve complaints of unfair labor
practices under section 7118 of this title;
(H) resolve exceptions to arbitrator's awards under section
7122 of this title; and
(I) take such other actions as are necessary and appropriate to
effectively administer the provisions of this chapter.
(b) The Authority shall adopt an official seal which shall be
judicially noticed.
(c) The principal office of the Authority shall be in or about
the District of Columbia, but the Authority may meet and exercise
any or all of its powers at any time or place. Except as otherwise
expressly provided by law, the Authority may, by one or more of its
members or by such agents as it may designate, make any appropriate
inquiry necessary to carry out its duties wherever persons subject
to this chapter are located. Any member who participates in the
inquiry shall not be disqualified from later participating in a
decision of the Authority in any case relating to the inquiry.
(d) The Authority shall appoint an Executive Director and such
regional directors, administrative law judges under section 3105 of
this title, and other individuals as it may from time to time find
necessary for the proper performance of its functions. The
Authority may delegate to officers and employees appointed under
this subsection authority to perform such duties and make such
expenditures as may be necessary.
(e)(1) The Authority may delegate to any regional director its
authority under this chapter -
(A) to determine whether a group of employees is an appropriate
unit;
(B) to conduct investigations and to provide for hearings;
(C) to determine whether a question of representation exists
and to direct an election; and
(D) to supervise or conduct secret ballot elections and certify
the results thereof.
(2) The Authority may delegate to any administrative law judge
appointed under subsection (d) of this section its authority under
section 7118 of this title to determine whether any person has
engaged in or is engaging in an unfair labor practice.
(f) If the Authority delegates any authority to any regional
director or administrative law judge to take any action pursuant to
subsection (e) of this section, the Authority may, upon application
by any interested person filed within 60 days after the date of the
action, review such action, but the review shall not, unless
specifically ordered by the Authority, operate as a stay of action.
The Authority may affirm, modify, or reverse any action reviewed
under this subsection. If the Authority does not undertake to grant
review of the action under this subsection within 60 days after the
later of -
(1) the date of the action; or
(2) the date of the filing of any application under this
subsection for review of the action;
the action shall become the action of the Authority at the end of
such 60-day period.
(g) In order to carry out its functions under this chapter, the
Authority may -
(1) hold hearings;
(2) administer oaths, take the testimony or deposition of any
person under oath, and issue subpenas as provided in section 7132
of this title; and
(3) may require an agency or a labor organization to cease and
desist from violations of this chapter and require it to take any
remedial action it considers appropriate to carry out the
policies of this chapter.
(h) Except as provided in section 518 of title 28, relating to
litigation before the Supreme Court, attorneys designated by the
Authority may appear for the Authority and represent the Authority
in any civil action brought in connection with any function carried
out by the Authority pursuant to this title or as otherwise
authorized by law.
(i) In the exercise of the functions of the Authority under this
title, the Authority may request from the Director of the Office of
Personnel Management an advisory opinion concerning the proper
interpretation of rules, regulations, or policy directives issued
by the Office of Personnel Management in connection with any matter
before the Authority.
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