Page:United States Statutes at Large Volume 108 Part 4.djvu/602

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108 STAT. 3236 PUBLIC LAW 103-354—OCT. 13, 1994 (B) section 7112 of title 5, United States Code (disregarding subsections (b)(5) and (d) thereof), relating to determining appropriate units. (b) EFFECT OF AN AGREEMENT. — (1) IN GENERAL. — If the affected parties reach agreement on the appropriate unit and the exclusive representative for such unit under subsection (a), the Federal Labor Relations Authority shall certify the terms of such agreement, subject to paragraph (2)(A). Nothi ig in this subsection shall be considered to require the holding of any hearing or election as a condition for certification. (2) RESTRICTIONS. — (A) CONDITIONS REQUIRING NONCERTIFICATION.— The Federal Labor Relations Authority may not certify the terms of an agreement under paragraph (1) if— (i) it determines that any of the criteria referred to in subsection (a)(2) (disregarding section 7112(a) of title 5, United States Code) have not been met; or (ii) after the Secretary's exercise of authority and before certification under this section, a valid election under section 7111(b) of title 5, United States Code, is held covering any employees who would be included in the unit proposed for certification. (B) TEMPORARY WAIVER OF PROVISION THAT WOULD BAR AN ELECTION AFTER A COLLECTIVE BARGAINING AGREEMENT IS REACHED. —Nothing in section 7111(f)(3) of title 5, United States Code, shall prevent the holding of an election under section 7111(b) of such title that covers employees within a unit certified under paragraph (1), or giving effect to the results of such an election (including a decision not to be represented by any labor organization), if the election is held before the end of the 12-month period beginning on the date such unit is so certified. (C) CLARIFICATION.— The certification of a unit under paragraph (1) shall not, for purposes of the last sentence of section 7111(b) of title 5, United States Code, or section 7111(f)(4) of such title, be treated as if it had occurred pursuant to an election. (3) DELEGATION.— (A) IN GENERAL.—The Federal Labor Relations Authority may delegate to any regional director (as referred to in section 7105(e) of title 5, United States Code) its authority under the preceding provisions of this subsection. (B) REVIEW. — Any action taken by a regional director under subparagraph (A) shall be subject to review under title provisions of section 7105(f) of title 5, United States Code, in the same manner as if such action had been taken under section 7105(e) of such title, except that in the case of a decision not to certify, such review shall be required if application therefor is filed by an affected party within the time specified in such provisions. (c) DEFINITION. —For purposes of this section, the term "affected party" means— (1) with respect to an exercise of authority by the Secretary under this title, any labor organization affected thereby; and (2) the Department of Agriculture.