Page:United States Statutes at Large Volume 94 Part 2.djvu/860

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2138

PUBLIC LAW 96-465—OCT. 17, 1980

(5) to refuse to consult or negotiate in good faith with a labor organization, as required under this chapter; (6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this chapter; (7) to enforce any rule or regulation (other than a rule or regulation implementing section 2302 of title 5, United States Code) which is in conflict with an applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or (8) to fail or refuse otherwise to comply with any provision of this chapter. (b) It shall be an unfair labor practice for a labor organization— (1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter; (2) to cause or attempt to cause the Department to discriminate against any employee in the exercise by the employee of any right under this chapter; (3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment or reprisal, or for the purpose of hindering or impeding the member's work performance or productivity as an employee or the discharge of the member's functions as an employee; (4) to discriminate against an employee with regard to the terms and conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition; (5) to refuse to consult or negotiate in good faith with the Department, as required under this chapter; (6) to fail or refuse to cooperate in impasse procedures and impasse decisions, as required under this chapter; (7)(A) to call, or participate in, a strike, work stoppage, or slowdown, or to picket the Department in a labor-management dispute (except that any such picketing in the United States which does not interfere with the Department's operations shall not be an unfair labor practice); or (B) to condone any unfair labor practice described in subparagraph (A) by failing to take action to prevent or stop such activity; (8) to deny membership to any employee in the unit represented by the labor organization except— (A) for failure to tender dues uniformly required as a condition of acquiring and retaining membership, or (B) in the exercise of disciplinary procedures consistent with the organization's constitution or bylaws and this chapter; or (9) to fail or refuse otherwise to comply with any provision of this chapter. (c) The expression of any personal view, argument, or 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 an 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, if the expression contains no threat of reprisal or force or promise of benefit and was not made under coercive conditions shall not—