Page:United States Statutes at Large Volume 92 Part 1.djvu/1261

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1207

rights by any agency with respect to any Government-wide rule or regulation issued by the agency effecting any substantive change in any SKilfisH condition of employment. Such consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to a labor organization's eligibility for, or continuation of, such consultation rights shall be subject to determination by the Authority. "(2) A labor organization having consultation rights under paragraph (1) of this subsection shall— "(A) be informed of any substantive change in conditions of employment proposed by the agency, and "(B) shall be permitted reasonable time to present its views and recommendations regarding the changes. "(3) If any views or recommendations are presented under paragraph (2) of this subsection to an agency by any labor organization— "(A) the agency shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and "(B) the agency shall provide the labor organization a written statement of the reasons for taking the final action. 5 USC 7118. "(a)(1) If any agency or labor organization is charged by any person with having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the agency or labor organization a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to state an unfair labor practice, the General Counsel shall provide the person making the charge a written statement of the reasons for not issuing a complaint. "(2) Any complaint under paragraph (1) of this subsection shall Complaint, contain a notice— "(A) of the charge; "(B) that a hearing will be held before the Authority (or any Hearing, member thereof or before an individual employed by the authority and designated for such purpose); and "(C) of the time and place fixed for the hearing. "(3) The labor organization or agency involved shall have the right to file an answer to the original and any amended complaint and to appear in person or otherwise and give testimony at the time and place fitted in the complaint for the hearing. "(4)(A) Except as provided in subparagraph (B) of this paragraph, no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the Authority. "(B) If the General Counsel determines that the person filing any charge was prevented from filing the charge during the 6-month period referred to m subparagraph (A) of this paragraph by reason of— "(i) any failure of the agency or labor organization against which the charge is made to perform a duty owed to the person, or
 * '§ 7118. Prevention of unfair labor practices

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"(ii) any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period, the General Counsel may issue a complaint based on the charge if the charge was filed during the 6-month period beginning on the day of the discovery by the person of the alleged unfair labor practice. "(5) The General Counsel may prescribe regulations providing for Regulations.

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