Page:United States Statutes at Large Volume 92 Part 3.djvu/453

 PUBLIC LAW 95-610—NOV. 8, 1978

92 STAT. 3085

Public Law 95-610 95th Congress An Act To amend title 10, United States Code, to prohibit union organization of the armed forces, membership in military labor organizations by members of the armed forces, and recognition of military labor organizations by the Government, and for other purposes.

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) The Congress makes the following findings: (1) Members of the armed forces of the United States must be prepared to fight and, if necessary, to die to protect the welfare, security, and liberty of the United States and of their fellow citizens. (2) Discipline and prompt obedience to lawful orders of superior officers are essential and time-honored elements of the American military tradition and have been reinforced from the earliest articles of war by laws and regulations prohibiting conduct detrimental to the military chain of command and lawful military authority. (3) The processes of conventional collective bargaining and labor-management negotiation cannot and should not be applied to the relationships between members of the armed forces and their military and civilian superiors. (4) Strikes, slowdowns, picketing, and other traditional forms of job action have no place in the armed forces. (5) Unionization of the armed forces would be incompatible with the military chain of command, would undermine the role, authority, and position of the commander, and would impair the morale and readiness of the armed forces. (6) The circumstances which could constitute a threat to the ability of the armed forces to perform their mission are not comparable to the circumstances which could constitute a threat to the ability of Federal civilian agencies to perform their functions and should be viewed in light of the need for effective performance of duty by each member of the armed forces. (b) The purpose of this Act is to promote the readiness of the armed forces to defend the United States. SEC. 2. (a) Chapter 49 of title 10, United States Code, is amended by adding at the end thereof the following new section: ''§975. Membership in military unions, organizing of military unions, and recognition of military unions prohibited "(a) In this section: "(1) 'Member of the armed forces' means (A) a member of the armed forces who is serving on active duty, or (B) a member of a Reserve component while performing inactive-duty training. "(2) '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;

Nov. 8, 1978 [S. 274]

Armed Forces, union organizations, prohibition. 10 USC 975 note.

10 USC 975. Definitions.

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