Page:United States Statutes at Large Volume 92 Part 1.djvu/1254

 92 STAT. 1200

PUBLIC LAW 95-454—OCT. 13, 1978

" (2) not to be represented by a labor organization. In any election in which no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted between the two choices receiving the highest number of votes. A labor organization which receives the majority of the votes cast in an election shall be certified by the Authority as the exclusive representative. "(e) A labor organization seeking exclusive recognition shall submit to the Authority and the agency involved a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement JAlt?'<:} fi of its objectives. "(f) Exclusive recognition shall not be accorded to a labor organization— ... "(1) if the Authority determines that the labor organization is subject to corrupt influences or influences opposed to democratic •;,,t,«/| principles; "(2) in the case of a petition filed pursuant to subsection (b)(1)(A) of this section, if there is not credible evidence that at least 30 percent of the employees in the unit specified in the petition wish to be represented for the purpose of collective bargaining by the labor organization seeking exclusive recognition; " (3) if there is then in effect a lawful written collective bargaining agreement between the agency involved and an exclusive representative (other than the labor organization seeking exclusive recognition) covering any employees included in the unit specified in the petition, unless— " (A) the collective bargaining agreement has been in effect for more than 3 years, or " (B) the petition for exclusive recognition is filed not more sixit'sH than 105 days and not less than 60 days before the expiration date of the collective bargaining agreement; or "(4) if the Authority has, within the previous 12 calendar (.rj..-!-, months, conducted a secret ballot election for the unit described in any petition under this section and in such election a majority of the employees voting chose a labor organization for certification as the unit's exclusive representative. " (g) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules or decisions of the Authority. 5 USC 7112. "§7112. Determination of appropriate units for labor organization representation "(a)(1) The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of, the agency involved. "(b) A unit shall not be determined to be appropriate under this section solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be determined to be appropriate if it includes— Post, 1215. "(1) except as provided under section 7135(a)(2) of this title, any management official or supervisor; " (2) a confidential employee;

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