Page:United States Statutes at Large Volume 92 Part 1.djvu/1257

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1203

"(C) which does not constitute guidance, advice, counsel, -'<•>< . !• < or training provided for management officials or supervisors, relating to collective bargaining; and "(5) if agreement is reached, to execute on the request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement. "(c)(1) An agreement between any agency and an exclusive representative shall be subject to approval by the head of the agency. "(2) The head of the agency shall approve the agreement within 30 days from the date the agreement is executed if the agreement is in accordance with the provisions of this chapter and any other applicable law, rule, or regulation (unless the agency has granted an exception to the provision). "(3) If the head of the agency does not approve or disapprove the agreement within the 30-day period, the agreement shall take effect and shall be binding on the agency and the exclusive representative subject to the provisions of this chapter and any other applicable law, rule, or regulation. "(4) 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 regulations prescribed by ^ •; -• ^ the agency. "§ 7115. Allotments to representatives 5 USC 7115. "(a) If an agency has received from an employee in an appropriate unit a written assignment which authorizes the agency to deduct from the pay of the employee amounts for the payment of regular and periodic dues of the exclusive representative of the unit, the agency shall honor the assignment and make an appropriate allotment pursuant to the assignment. Any such allotment shall be made at no cost to the exclusive representative or the employee. Except as provided under subsection (b) of this section, any such assignment may not be revoked for a period of 1 year. "(b) An allotment under subsection (a) of this section for the deduction of dues with respect to any employee shall terminate when— "(1) the agreement between the agency and the exclusive representative involved ceases to be applicable to the employee; or "(2) the employee is suspended or expelled from membership in the exclusive representative. "(c)(1) Subject to paragraph (2) of this subsection, if a petition has been filed with the Authority by a labor organization alleging that 10 percent of the employees in an appropriate unit in an agency have membership in the labor organization, the Authority shall investigate the petition to determine its validity. Upon certification by the Authority of the validity of the petition, the agency shall have a duty to negotiate with the labor organization solely concerning the deduction of dues of the labor organization from the pay of the members of the labor organization who are employees in the unit and who make a voluntary allotment for such purpose. "(2)(A) The provisions of paragraph (1) of this subsection shall not apply in the case of any appropriate unit for which there is an exclusive representative. "(B) Any agreement under paragraph (1) of this subsection between a labor organization and an agency with respect to an appropriate unit shall be null and void upon the certification of an exclusive representative of the unit.