§ 7011. — Successorship provisions relating to bargaining units and exclusive representatives.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7011]
TITLE 7--AGRICULTURE
CHAPTER 98--DEPARTMENT OF AGRICULTURE REORGANIZATION
SUBCHAPTER IX--MISCELLANEOUS REORGANIZATION PROVISIONS
Sec. 7011. Successorship provisions relating to bargaining units
and exclusive representatives
(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.
(2) Criteria
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) section 7112 of title 5 (disregarding subsections (b)(5)
and (d) thereof), relating to determining appropriate units.
(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.
(2) Restrictions
(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
(ii) after the Secretary's exercise of authority and
before certification under this section, a valid election
under section 7111(b) of title 5 is held covering any
employees who would be included in the unit proposed for
certification.
(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.
(C) Clarification
The certification of a unit under paragraph (1) shall not,
for purposes of the last sentence of section 7111(b) of title 5
or section 7111(f)(4) of such title, be treated as if it had
occurred pursuant to an election.
(3) Delegation
(A) In general
The Federal Labor Relations Authority may delegate to any
regional director (as referred to in section 7105(e) of title 5)
its authority under the preceding provisions of this subsection.
(B) Review
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.
(c) ``Affected party'' defined
For purposes of this section, the term ``affected party'' means--
(1) with respect to an exercise of authority by the Secretary
under this chapter, any labor organization affected thereby; and
(2) the Department of Agriculture.
(Pub. L. 103-354, title II, Sec. 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.
