7 U.S. Code § 7011 - Successorship provisions relating to bargaining units and exclusive representatives
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(a) Voluntary agreement
(1) In general
If the exercise of the Secretary’s authority under this chapter results in changes to an existing bargaining unit that has been certified under chapter 71 of title 5, the affected parties shall attempt to reach a voluntary agreement on a new bargaining unit and an exclusive representative for such unit.
In carrying out the requirements of this subsection, the affected parties shall use criteria set forth in—
(A) sections 7103 (a)(4), 7111 (e), 7111 (f)(1), and 7120 of title 5, relating to determining an exclusive representative; and
(b) Effect of an agreement
(1) In general
If the affected parties reach agreement on the appropriate unit and the exclusive representative for such unit under subsection (a) of this section, the Federal Labor Relations Authority shall certify the terms of such agreement, subject to paragraph (2)(A). Nothing in this subsection shall be considered to require the holding of any hearing or election as a condition for certification.
(A) Conditions requiring noncertification
The Federal Labor Relations Authority may not certify the terms of an agreement under paragraph (1) if—
(i) it determines that any of the criteria referred to in subsection (a)(2) of this section (disregarding section 7112 (a) of title 5) have not been met; or
(B) Temporary waiver of provision that would bar an election after a collective bargaining agreement is reached
Nothing in section 7111 (f)(3) of title 5 shall prevent the holding of an election under section 7111(b) of such title that covers employees within a unit certified under paragraph (1), or giving effect to the results of such an election (including a decision not to be represented by any labor organization), if the election is held before the end of the 12-month period beginning on the date such unit is so certified.
(A) In general
Any action taken by a regional director under subparagraph (A) shall be subject to review under the provisions of section 7105 (f) of title 5 in the same manner as if such action had been taken under section 7105(e) of such title, except that in the case of a decision not to certify, such review shall be required if application therefor is filed by an affected party within the time specified in such provisions.
Source(Pub. L. 103–354, title II, § 291,Oct. 13, 1994, 108 Stat. 3235.)
References in Text
This chapter, referred to in subsecs. (a)(1) and (c)(1), was in the original “this title”, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note set out under section 6901 of this title and Tables.