Page:United States Statutes at Large Volume 92 Part 1.djvu/1259

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1205

Nothing in paragraph (7) of this subsection shall result in any informational picketing which does not interfere with an agency's operations being considered as an unfair labor practice, "(c) For the purpose of this chapter it shall be an unfair labor practice for an exclusive representative to deny membership to any employee in the appropriate unit represented by such exclusive representative except for failure— "(1) to meet reasonable occupational standards uniformly required for admission, or ' '^ " (2) to tender dues uniformly required as a condition of acquiring and retaining membership. This subsection does not preclude any labor organization from enforcing discipline in accordance with procedures under its constitution or bylaws to the extent consistent with the provisions of this chapter. "(d) Issues which can properly be raised under an appe^als procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 7121(e) and (f) of this title, an employee has an option of using the negotiated grievance procedure or an appeals procedure, issues which can be raised under a grievance procedure may, in the discretion of the ao-n-rieved party, be raised under the grievance procedure or as an unfair labor practice under this section, but not under both procedures. "(e) The expression of any personal view, argument, opinion or the making of any statement which— "(1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such election, "(2) corrects the record with respect to any false or misleading statement made by any person, or "(3) informs employees of the Government's policy relating to labor-management relations and representation, shall not, if the expression contains no threat of reprisal or force or promise of benefit or was not made under coercive conditions, (A) constitute an unfair labor practice under any provision of this chapter, or (B) constitute grounds for the setting aside of any election conducted under any provisions of this chapter. "§ 7117. Duty to bargain in good faith; compelling need; duty to 5 USC 7117. consult "(a)(1) Subject to paragraph (2) of this subsection, the duty to bar<rain in good faith shall, to the extent not inconsistent with any Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any rule or regulation only if the rule or regulation is not a Government-wide rule or regulation. "(2) The duty to bargain in good faith shall, to the extent not inconsistent with Federal law or any Goverment-wide rule or regulation, extend to matters which are the subject of any agency rule or regulation referred to in paragraph (3) of this subsection only if the Authority has determined under subsection (b) of this section that no compelling need (as determined under regulations prescribed by the Authority) exists for the rule or regulation. "(3) Paragraph (2) of the subsection applies to any rule or regulation issued by any agency or issued by any primary national subdivision of such agency, unless an exclusive representative represents an appropriate unit including not less than a maiority of the employees in the issuing agency or primary national subdivision, as the case may be, to whom the rule or regulation is applicable.

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