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.
PL 95-610 (S.274), enacted 11/08/1978

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 Govern-
ment, 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 supe-
rior officers are essential and time-honored elements of the Amer-
ican military tradition and have been reinforced from the earliest 
articles of war by laws and regulations prohibiting conduct detri-
mental 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 com-
parable 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 u s e 975 note. 
10 u s e 975. 
Definitions. 
92 STAT. 3086 
PUBLIC LAW 95-610—NOV. 8, 1978 
"(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 
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member of the armed forces, to— 
"(i) negotiate or bargain with any person concerning 
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the terms or conditions of military service of any member 
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of the armed forces, 
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"(ii) recognize any organization as a representative 
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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) '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, know-
ing 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 
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the terms or conditions of service of any member of the 
armed forces, 
"(B) recognize any military labor organization as a repre-
sentative of individual members of the armed forces in con-
nection with any complaint or grievance of any such member 
arising out of the terms or conditions of service of such mem-
ber in the armed forces, or 
PUBLIC LAW 95-610—NOV. 8, 1978 
92 STAT. 3087 
"(C) make any change with respect to the terms or condi-
tions 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 mem-
ber 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 con-
cerning 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, in the case Penalties, 
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. 
"(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.". 
92 STAT. 3088 
PUBLIC LAW 95-610—NOV. 8, 1978 
(b) The table of sections at the beginning of chapter 49 of title 10, 
United States Code, is amended by adding at the end thereof the 
following new item: 
"975. Membership in military unions, organizing of military unions, and rec-
ognition of military unions prohibited.". 
Approved November 8, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-894, Pt. I (Comm. on Armed Services) and Ft. II <Comm. on 
Post Office and Civil Service). 
SENATE REPORT No. 95-411 (Comm. on Armed Services). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Sept. 16, considered and passed Senate. 
Vol. 124 (1978): Sept. 26, considered and passed House, amended. 
Oct. 15, Senate concurred in House amendment.