Page:United States Statutes at Large Volume 92 Part 1.djvu/1265

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1211

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 Strike, 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 reco^ition 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. "SUBCHAPTER III—GRIEVANCES "§ 7121. Grievance procedures 5 USC 7121. "(a)(1) Except as provided in paragraph (2) of this subsection, any collective bargaining agreement shall provide procedures for the settlement of grievances, including questions of arbitrability. Except as provided in subsections (d) and (e) of t^is section, the procedures shall be the exclusive procedures for resolving grievances which fall within its coverage. "(2) Any collective bargaining agreement may exclude any matter from the application of the grievance procedures which are provided for in the agreement. "(b) Any negotiated grievance procedure referred to in subsection (a) of this section shall— "(1) be fair and simple, " (2) provide for expeditious processing, and " (3) include procedures that— "(A) assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances; "(B) assure such an employee the right to present a grievance on the employee's own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and "(C) provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency. " (c) The preceding subsections of this section shall not apply with respect to any grievance concerning— "(1) any claimed violation of subchapter III of chapter 73 of this title (relating to prohibited political activities); 5 USC 7321. " (2) retirement, life insurance, or health insurance; "(3) a suspension or removal under section 7532 of this title; "(4) any examination, certification, or appointment; or "(5) the classification of any position which does not result in the reduction in grade or pay of an employee. "(d) An aggrieved employee affected by a prohibited personnel practice under section 2302(b) CI) of this title which also falls under Ante, p. 1114. the coverage of the negotiated grievance procedure may raise the matter under a statutory procedure or the negotiated procedure, but not both. An employee shall be deemed to have exercised his option

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