Feds: National Guard members on state duty can join unions

[TexasTowelie]

HARTFORD, Conn. (AP) — The Department of Justice has given the green light to National Guard members on active duty for their states to join labor unions, despite a U.S. law that makes it a felony for military personnel on active federal duty to unionize.

The department on Tuesday settled a federal lawsuit filed in Connecticut by labor unions, having conceded the federal ban does not stop Connecticut National Guard members on state duty ordered by the governor from seeking collective bargaining rights. Both sides agreed to a dismissal of the case.

Already, the case has prompted some National Guard members in Texas to unionize.

A 1978 federal law makes it a criminal felony for members of the armed forces, including the National Guard, to join or attempt to form a labor organization.

Read more: https://www.beaumontenterprise.com/news/article/Feds-National-Guard-members-on-state-duty-can-17181543.php

[MichMan]

1. So, if they were to get called up for active federal duty, they can be charged with a felony?

[TexasTowelie]

2. The article doesn't provide any guidance on that question.

From what I can gather, the National Guard members can conduct negotiations as a union even while on federal active duty as long as it is related to a state deployment. I suspect that the union will not be able to negotiate in relation to any duties performed at a federal level.

The solution to this issue is to eliminate or at least reduce the state deployments. The reservists don't have time to conduct union organizing activities when there is a real emergency occurring such as an earthquake, fire, or weather event. However, the months-long deployments for what isn't an emergency does hit the finances and family life of the reservists.

[TomSlick]

3. I assume the union can no longer represent guard personnel when under Title 10 orders.

The Guard is in a Title 10 status only for annual training (the two weeks a year), when mobilized by Presidential orders, or when nationalized (as in the Arkansas desegregation crises in 1957). During inactive duty training (the weekend a month) and state mobilization (natural emergencies or GQP governors sending the guard to the Texas border to hold back the brown-skinned horde ), the Guard is under Title 32.

[TexasTowelie]

4. Thanks, I don't have any military background so I couldn't adequately address the question. nt

[TomSlick]

5. It's an odd system.

Most of the time, a National Guard unit or service member is part of the State militia with the State's Governor as the commander-in-chief. Sometimes, that same National Guard unit or service member is part of the reserve forces of the United States with the President as the commander-in chief. Even when the National Guard unit or soldier is part of the State militia, the United States is paying the bulk of the tab.

The Active force, the federal reserve forces, and the National Guard all wear the same uniform. They all say "U.S. Army, U. S. Marines" etc. Except for unit patches for Army units, you cannot tell from the uniform whether a service member is in the active force, the federal reserve forces, or the National Guard.

To a large extent, the distinction between Title 10 and Title 32 status it is what lawyers call a legal fiction.

[TexasTowelie]

6. I really should try harder.

When I lived in Austin I was about 2 miles away from Camp Mabry. When I moved to Irving I was about 2 miles from an armory there, and now that I"m in Bryan I'm only about four blocks away from the armory here.

[TomSlick]

7. It's a rather esoteric issue. There are a host of issues that make a better claim on your attention.

The average Guard member would be unable to tell you on any given occasion whether they are in Title 10 or Title 32 status. The distinction is important mainly to military lawyers.