
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC976]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 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.

(Added Pub. L. 95-610, Sec. 2(a), Nov. 8, 1978, 92 Stat. 3085, Sec. 975; 
renumbered Sec. 976, Pub. L. 96-107, title VIII, Sec. 821(a), Nov. 9, 
1979, 93 Stat. 820; amended Pub. L. 98-525, title IV, Sec. 414(a)(6), 
Oct. 19, 1984, 98 Stat. 2519; Pub. L. 99-661, div. A, title XIII, 
Sec. 1343(a)(2), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100-26, 
Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 105-85, div. A, 
title X, Sec. 1073(a)(15), Nov. 18, 1997, 111 Stat. 1900.)


                               Amendments

    1997--Subsec. (f). Pub. L. 105-85 substituted ``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.'' for ``shall, in the case of 
an individual, be fined not more than $10,000 or imprisoned not more 
than five years, or both, and in the case of an organization or 
association, be fined not less than $25,000 and not more than 
$250,000.''
    1987--Subsec. (a)(1) to (3). Pub. L. 100-26 inserted ``The term'' 
after each par. designation and struck out uppercase letter of first 
word after first quotation marks in each paragraph and substituted 
lowercase letter.
    1986--Subsec. (a)(1). Pub. L. 99-661 struck out the second of two 
commas before ``(B)''.
    1984--Subsec. (a)(1). Pub. L. 98-525 added cl. (B) and redesignated 
existing cl. (B) as (C).


            Congressional Findings and Declaration of Purpose

    Section 1 of Pub. L. 95-610 provided that:
    ``(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 [enacting this section] is to promote 
the readiness of the armed forces to defend the United States.''
