§ 976. Membership in military unions, organizing of military unions, and recognition of military unions prohibited

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–610 § 2(a) · 92 Stat. 3085

   Enacted · 10 U.S.C. § 976

   Added Pub. L. 95–610, § 2(a), Nov. 8, 1978, 92 Stat. 3085, § 975

   Source evidence

   Code source credit
   Added Pub. L. 95–610, § 2(a), Nov. 8, 1978, 92 Stat. 3085, § 975

   Enacted provision · exact public law section
   (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: Definitions. “(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; “(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) ‘Civilian officer or employee’ means an employee, as such term is defined in sect ion 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, 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.”.

2. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 title IV § 414(a)(6) · 98 Stat. 2492

   1. Added · 10 U.S.C. § 976(a)(1)

      Pub. L. 98–525 added cl. (B)

   2. Redesignated · 10 U.S.C. § 976(a)(1)

      Pub. L. 98–525 redesignated existing cl. (B) as (C)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 98–525 added cl. (B) and redesignated existing cl. (B) as (C).

   Enacted provision · exact public law section
   (6) Section 976(a)(1) is amended by striking out “or (B)” and 10 USC 976. inserting in lieu thereof “, (B) a member of the National Guard who is serving on full-time National Guard duty, or (C)”.

3. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title XIII § 1343(a)(2) · 100 Stat. 3816

   Struck · 10 U.S.C. § 976(a)(1)

   Pub. L. 99–661 struck out the second of two commas before “(B)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 99–661 struck out the second of two commas before “(B)”.

   Enacted provision · exact public law section
   (2) Section 976(a)(1) is amended by striking out the second comma before “(B)”.

4. 1987

   Defense Technical Corrections Act of 1987

   Pub. L. 100–26 § 7(k)(2) · 101 Stat. 273

   1. Inserted · 10 U.S.C. § 976(a)(1)(3)

      Pub. L. 100–26 inserted “The term” after each par. designation

   2. Struck · 10 U.S.C. § 976(a)(1)(3)

      Pub. L. 100–26 struck out uppercase letter of first word after first quotation marks in each paragraph

   3. Substituted · 10 U.S.C. § 976(a)(1)(3)

      Pub. L. 100–26 substituted lowercase letter

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) Sections 976(a), 1045(e), 1587(a), 1621, 2006(b), 2120, 2213(e), 2232, 2302 (other than paragraph (3)), 2305a(d), 2350, 2362(e), 2394(c), 2397(a), 2397a(a), 2403(a), 2432(a), 2547(e), 2801(c), and 5001(a) are amended— (A) by inserting “The term” in each paragraph after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than in sections 1045(e), 2006(b)(1), 2213(e)(2), 2232(1), 2350(2), 2801(c)(3), 5001(a)(1), and 5001(a)(2)) so that the initial letter of such word is lower case.

5. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title X § 1073(a)(15) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 976(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (15) Section 976(f) is amended by striking out “shall,” and all that follows and inserting in lieu thereof “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.”.

6. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 div. A title XVII § 1741(b)(3) · 137 Stat. 136

   Inserted · 10 U.S.C. § 976(a)(1)(C)

   Pub. L. 118–31 inserted “or the Space Force” after “member of a Reserve component”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(C). Pub. L. 118–31 inserted “or the Space Force” after “member of a Reserve component”.

   Enacted provision · exact public law section
   (3) Membership in military unions, organizing of military unions, and recognition of military unions prohibited.— Section 976(a) is amended by inserting “or the Space Force” in paragraph (1)(C) after “member of a Reserve component”.

9 of 9 references resolved to an enrolled provision