5 USC Sec. 7120 01/03/05

Subpart F - Labor-Management and Employee Relations

Sec. 7120. Standards of conduct for labor organizations


(a) An agency shall only accord recognition to a labor
organization that is free from corrupt influences and influences
opposed to basic democratic principles. Except as provided in
subsection (b) of this section, an organization is not required to
prove that it is free from such influences if 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 participate in the
affairs of the organization, to receive fair and equal treatment
under the governing rules of the organization, and to receive
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 provisions 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
subsection (a) of this section, the organization is required to
furnish evidence of its freedom from corrupt influences or
influences opposed to basic democratic principles if 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 subsection (a) of this section; or
(2) the organization is in fact subject to influences that
would preclude recognition under this chapter.

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

(d) The Assistant Secretary shall prescribe such regulations as
are necessary to carry out the purposes of this section. Such
regulations shall conform generally to the principles applied to
labor organizations in the private sector. Complaints of violations
of this section shall be filed with the Assistant Secretary. In any
matter arising under this section, the Assistant Secretary may
require a labor organization to cease and desist from violations of
this section and require it to take such actions as he considers
appropriate to carry out the policies of this section.

(e) This chapter does not authorize participation in the
management of a labor organization or acting as a representative of
a labor organization by a management official, a supervisor, or a
confidential employee, except as specifically provided in this
chapter, or by an employee if the participation or activity would
result in a conflict or apparent conflict of interest or would
otherwise be incompatible with law or with the official duties of
the employee.

(f) In the case of any labor organization which by omission or
commission has willfully and intentionally, with regard to any
strike, work stoppage, or slowdown, violated section 7116(b)(7) of
this title, the Authority shall, upon an appropriate finding by the
Authority of such violation -
(1) revoke the exclusive recognition status of the labor
organization, which shall then immediately cease to be legally
entitled and obligated to represent employees in the unit; or
(2) take any other appropriate disciplinary action.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.