10 U.S.C. § 976 : US Code - Section 976: Membership in military unions, organizing of military unions, and recognition of military unions prohibited
Search 10 U.S.C. § 976 : US Code - Section 976: Membership in military unions, organizing of military unions, and recognition of military unions prohibited
(a) In this section:
(1) The term "member of the armed forces" means (A) a member of
the armed forces who is serving on active duty, (B) a member of
the National Guard who is serving on full-time National Guard
duty, or (C) a member of a Reserve component while performing
inactive-duty training.
(2) The term "military labor organization" means any
organization that engages in or attempts to engage in -
(A) negotiating or bargaining with any civilian officer or
employee, or with any member of the armed forces, on behalf of
members of the armed forces, concerning the terms or conditions
of military service of such members in the armed forces;
(B) representing individual members of the armed forces
before any civilian officer or employee, or any member of the
armed forces, in connection with any grievance or complaint of
any such member arising out of the terms or conditions of
military service of such member in the armed forces; or
(C) striking, picketing, marching, demonstrating, or any
other similar form of concerted action which is directed
against the Government of the United States and which is
intended to induce any civilian officer or employee, or any
member of the armed forces, to -
(i) negotiate or bargain with any person concerning the
terms or conditions of military service of any member of the
armed forces,
(ii) recognize any organization as a representative of
individual members of the armed forces in connection with
complaints and grievances of such members arising out of the
terms or conditions of military service of such members in
the armed forces, or
(iii) make any change with respect to the terms or
conditions of military service of individual members of the
armed forces.
(3) The term "civilian officer or employee" means an employee,
as such term is defined in section 2105 of title 5.
(b) It shall be unlawful for a member of the armed forces,
knowing of the activities or objectives of a particular military
labor organization -
(1) to join or maintain membership in such organization; or
(2) to attempt to enroll any other member of the armed forces
as a member of such organization.
(c) It shall be unlawful for any person -
(1) to enroll in a military labor organization any member of
the armed forces or to solicit or accept dues or fees for such an
organization from any member of the armed forces; or
(2) to negotiate or bargain, or attempt through any coercive
act to negotiate or bargain, with any civilian officer or
employee, or any member of the armed forces, on behalf of members
of the armed forces, concerning the terms or conditions of
service of such members;
(3) to organize or attempt to organize, or participate in, any
strike, picketing, march, demonstration, or other similar form of
concerted action involving members of the armed forces that is
directed against the Government of the United States and that is
intended to induce any civilian officer or employee, or any
member of the armed forces, to -
(A) negotiate or bargain with any person concerning the terms
or conditions of service of any member of the armed forces,
(B) recognize any military labor organization as a
representative of individual members of the armed forces in
connection with any complaint or grievance of any such member
arising out of the terms or conditions of service of such
member in the armed forces, or
(C) make any change with respect to the terms or conditions
of service in the armed forces of individual members of the
armed forces; or
(4) to use any military installation, facility, reservation,
vessel, or other property of the United States for any meeting,
march, picketing, demonstration, or other similar activity for
the purpose of engaging in any activity prohibited by this
subsection or by subsection (b) or (d).
(d) It shall be unlawful for any military labor organization to
represent, or attempt to represent, any member of the armed forces
before any civilian officer or employee, or any member of the armed
forces, in connection with any grievance or complaint of any such
member arising out of the terms or conditions of service of such
member in the armed forces.
(e) No member of the armed forces, and no civilian officer or
employee, may -
(1) negotiate or bargain on behalf of the United States
concerning the terms or conditions of military service of members
of the armed forces with any person who represents or purports to
represent members of the armed forces, or
(2) permit or authorize the use of any military installation,
facility, reservation, vessel, or other property of the United
States for any meeting, march, picketing, demonstration, or other
similar activity which is for the purpose of engaging in any
activity prohibited by subsection (b), (c), or (d).
Nothing in this subsection shall prevent commanders or supervisors
from giving consideration to the views of any member of the armed
forces presented individually or as a result of participation on
command-sponsored or authorized advisory councils, committees, or
organizations.
(f) Whoever violates subsection (b), (c), or (d) shall be fined
under title 18 or imprisoned not more than 5 years, or both, except
that, in the case of an organization (as defined in section 18 of
such title), the fine shall not be less than $25,000.
(g) Nothing in this section shall limit the right of any member
of the armed forces -
(1) to join or maintain membership in any organization or
association not constituting a "military labor organization" as
defined in subsection (a)(2) of this section;
(2) to present complaints or grievances concerning the terms or
conditions of the service of such member in the armed forces in
accordance with established military procedures;
(3) to seek or receive information or counseling from any
source;
(4) to be represented by counsel in any legal or quasi-legal
proceeding, in accordance with applicable laws and regulations;
(5) to petition the Congress for redress of grievances; or
(6) to take such other administrative action to seek such
administrative or judicial relief, as is authorized by applicable
laws and regulations.
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Miscellaneous prohibitions and penalties