DoD Policy on Organizations That Seek To Represent or Organize Members of the Armed Forces in Negotiation or Collective Bargaining, 76914-76916 [E6-21943]
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Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations
Correction to final and
temporary regulations.
ACTION:
SUMMARY: This document contains
corrections to final and temporary
regulations (TD 9278) that was
published in the Federal Register on
Friday, August 4, 2006 (71 FR 44466)
regarding the treatment of controlled
services transactions under section 482
and the allocation of income from
intangibles, in particular with respect to
contributions by a controlled party to
the value of an intangible owned by
another controlled party. This document
also contains corrections to final and
temporary regulations that modify the
regulations under section 861
concerning stewardship expenses to be
consistent with the changes made to the
regulations under section 482.
DATES: This correction is effective
January 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Vidano, (202) 435–5265, or
Carol B. Tan, (202) 435–5159, for
matters relating to section 482, and
David F. Bergkuist, (202) 622–3850, for
matters relating to stewardship expenses
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
3. On page 44475, column 3, in the
preamble under the paragraph heading
‘‘Services Subject to a Qualified Cost
Sharing Arrangement—Temp. Treas.
Reg. § 1.482–9T(m)(3),’’ fourth line from
the top of the column, the language
‘‘two provisions, the rule § 1.482–’’ is
corrected to read ‘‘two provisions, the
rule in § 1.482–’’.
Cynthia Grigsby,
Senior Federal Register Liaison Officer, Legal
Processing Division, Associate Chief Counsel
(Procedure and Administration).
[FR Doc. E6–21907 Filed 12–21–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 143
[DOD–2006–OS–0057]
RIN 0790–AH99
DoD Policy on Organizations That
Seek To Represent or Organize
Members of the Armed Forces in
Negotiation or Collective Bargaining
Department of Defense.
Final rule.
AGENCY:
Background
ACTION:
The final and temporary regulations
(TD 9278) that are the subject of these
corrections is under sections 482 and
861 of the Internal Revenue Code.
This rule contains uniform
Department of Defense policies for
organizations that seek to represent or
organize members of the Armed Forces
in negotiation or collective bargaining.
This updated rule contains editorial
changes only as required for internal
Department of Defense mandated
reconsideration every 5 years.
DATES: Effective Date: January 22, 2007.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Colonel Mark Gingras, Office
of the Deputy Under Secretary of
Defense for Program Integration, 4000
Defense Pentagon, Washington, DC
20301–4000.
SUPPLEMENTARY INFORMATION: The
proposed rule was published on October
12, 2006, at 71 FR 60092. No comments
were received. The rule is therefore
adopted as published below.
Need for Correction
As published, final and temporary
regulations (TD 9278) contain errors that
may prove to be misleading and are in
need of clarification.
jlentini on PROD1PC65 with RULES
Correction of Publication
Accordingly, final and temporary
regulations (TD 9278) that were the
subject of FR Doc. 06–6497 are corrected
as follows:
1. On page 44466, column 1, in the
heading, the subject ‘‘Treatment of
Services Under Section 482; Allocation
of Income and Deductions From
Intangibles; Stewardship Expense’’ is
corrected to read ‘‘Treatment of Services
Under Section 482; Allocation of
Income and Deductions From
Intangibles; and Apportionment of
Stewardship Expense’’.
2. On page 44470, column 2, in the
preamble under the paragraph heading
‘‘5. Comparable Profits Method for
Services—Temp. Treas. Reg. § 1.482–
9T(f)’’, fifth line from the top of the
column, the language ‘‘assets play a
greater role in general’’ is corrected to
read ‘‘assets play a greater role in
generating’’.
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SUMMARY:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
part 143 is not a significant regulatory
action. The rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities;
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(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified that this rule does
not contain a Federal mandate that may
result in the expenditure by State, local
and tribal governments, in aggregate, or
by the private sector, of $100 million or
more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that this rule is
not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not,
if promulgated, have a significant
economic impact on a substantial
number of small entities. By its terms,
this rule applies to state and local
governments. It has no impact on ‘‘small
entities’’.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that this rule does
impose reporting or recordkeeping
requirements under the Paperwork
Reduction Act of 1995. The reporting
and recordkeeping requirements have
been submitted to OMB for review.
Executive Order 13132, ‘‘Federalism’’
It has been certified that this rule does
not have federalism implications, as set
forth in Executive Order 13132. This
rule does not have substantial direct
effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 143
Government employees, Labor
management relations, Military
personnel.
I Accordingly 32 CFR part 143 is
revised to read as follows:
PART 143—DOD POLICY ON
ORGANIZATIONS THAT SEEK TO
REPRESENT OR ORGANIZE
MEMBERS OF THE ARMED FORCES
IN NEGOTIATION OR COLLECTIVE
BARGAINING
Sec.
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Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations
143.1
143.2
143.3
143.4
143.5
143.6
143.7
143.8
Purpose.
Applicability.
Definitions.
Policy.
Prohibited activity.
Activity not covered by this part.
Responsibilities.
Guidelines.
Authority: 10 U.S.C. 801–940 and 10
U.S.C. 976.
§ 143.1
Purpose.
This part provides DoD policies and
procedures for organizations whose
objective is to organize or represent
members of the Armed Forces of the
United States for purposes of
negotiating or bargaining about terms or
conditions of military service. The
policies and procedures set forth herein
are designed to promote the readiness of
the Armed Forces to defend the United
States. This part does not modify or
diminish the existing authority of
commanders to control access to, or
maintain good order and discipline on,
military installations; nor does it modify
or diminish the obligations of
commanders and supervisors under 5
U.S.C. 7101–7135 with respect to
organizations representing DoD civilian
employees.
§ 143.2
Applicability.
(a) The provisions of this part apply
to:
(1) The Office of the Secretary of
Defense, the Military Departments, the
Chairman of the Joint Chiefs of Staff, the
Combatant Commands, the Office of the
Inspector General of the Department of
Defense, the Defense Agencies, the DoD
Field Activities, and all other
organizational entities in the
Department of Defense (hereafter
referred collectively as the ‘‘DoD
Components’’).
(2) Individuals and groups entering,
using, or seeking to enter or use military
installations.
(b) This part does not limit the
application of the Uniform Code of
Military Justice in 10 U.S.C. 901–940 or
10 U.S.C. 976 including the prohibitions
and criminal penalties set forth therein
with respect to matters that are the
subject of this part or that are beyond its
scope.
jlentini on PROD1PC65 with RULES
§ 143.3
Definitions.
(a) Member of the Armed Forces. A
member of the Armed Forces who is
serving on active duty, or a member of
a Reserve component while performing
inactive duty training.
(b) Military labor organization. Any
organization that engages in or attempts
to engage in:
(1) Negotiating or bargaining with any
civilian officer or employee, or with any
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Jkt 211001
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;
(2) 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
(3) Striking, picketing, marching,
demonstrating, or any other similar form
of concerted action which 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:
(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.
(c) Civilian officer or employee. An
employee, as defined in 5 U.S.C. 2105.
(d) Military installations. Includes
installations, reservations, facilities,
vessels, aircraft, and other property
controlled by the Department of
Defense.
(e) Negotiation or bargaining. A
process whereby a commander or
supervisor acting on behalf of the
United States engages in discussions
with a member or members of the
Armed Forces (purporting to represent
other such members), or with an
individual, group, organization, or
association purporting to represent such
members, for the purpose of resolving
bilaterally terms or conditions of
military service.
(f) Terms or conditions of military
service. Terms or conditions of military
compensation or duty including but not
limited to wages, rates of pay, duty
hours, assignments, grievances, or
disputes.
§ 143.4
Policy.
It is the policy of the United States
under Public Law 95–610 that:
(a) 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
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76915
United States and of their fellow
citizens.
(b) 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.
(c) The processes of conventional
collective bargaining and labormanagement negotiation cannot and
should not be applied to the
relationships between members of the
Armed Forces and their military and
civilian superiors.
(d) Strikes, slowdowns, picketing, and
other traditional forms of job action
have no place in the Armed Forces.
(e) 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.
(f) The circumstances that could
constitute a threat to the ability of the
Armed Forces to perform their mission
are not comparable to the circumstances
that 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.
§ 143.5
Prohibited activity.
(a) Membership and enrollment. (1) A
member of the Armed Forces, knowing
of the activities or objectives of a
particular military labor organization,
may not:
(i) Join or maintain membership in
such organization; or
(ii) Attempt to enroll any other
member of the Armed Forces as a
member of such organization.
(2) No person on a military
installation, and no member of the
Armed Forces, may enroll in a military
labor organization any member of the
Armed Forces or solicit or accept dues
or fees for such an organization from
any member of the Armed Forces.
(b) Negotiation or bargaining. (1) No
person on a military installation, and no
member of the Armed Forces, may
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.
(2) No member of the Armed Forces,
and no civilian officer or employee, may
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76916
Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations
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.
(c) Strikes and other concerted
activity. (1) No person on a military
installation, and no member of the
Armed Forces, may 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:
(i) Negotiate or bargain with any
person concerning the terms or
conditions of service of any member of
the Armed Forces,
(ii) 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
(iii) Make any change with respect to
the terms or conditions of service in the
Armed Forces of individual members of
the Armed Forces.
(2) No person may use any military
installation for any meeting, march,
picketing, demonstration, or other
similar activity for the purpose of
engaging in any activity prohibited by
this part.
(3) No member of the Armed Forces,
and no civilian officer or employee, may
permit or authorize the use of any
military installation for any meeting,
march, picketing, demonstration, or
other similar activity that is for the
purpose of engaging in any activity
prohibited by this part.
(d) Representation. A military labor
organization may not 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.
jlentini on PROD1PC65 with RULES
§ 143.6
Activity not covered by this part.
(a) This part does not limit the right
of any member of the Armed Forces to:
(1) Join or maintain membership in
any lawful organization or association
not constituting a ‘‘military labor
organization’’ as defined in § 146.3 of
this part;
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Jkt 211001
(2) 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) Seek or receive information or
counseling from any source;
(4) Be represented by counsel in any
legal or quasi-legal proceeding, in
accordance with applicable laws and
regulations;
(5) Petition the Congress for redress of
grievances; or
(6) Take such other administrative
action to seek such administrative or
judicial relief, as is authorized by
applicable laws and regulations.
(b) This part does not 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.
(c) This part does not prevent any
civilian employed at a military
installation from joining or being a
member of an organization that engages
in representational activities with
respect to terms or conditions of civilian
employment.
§ 143.7
Guidelines.
The guidelines for making certain
factual determinations are as follows:
(a) In determining whether an
organization is a military labor
organization, whether a person is a
member of a military labor organization,
or whether such person or organization
is in violation of any provision of this
part, the history and operation of the
organization (including its constitution
and bylaws, if any) or person in
question may be evaluated, along with
evidence on the conduct constituting a
prohibited act.
(b) In determining whether the
commission of a prohibited act by a
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Dated: December 18, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. E6–21943 Filed 12–21–06; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Responsibilities.
(a) The Heads of DoD Components
shall:
(1) Ensure compliance with this part
and with the guidelines contained in
§ 143.8 of this part.
(2) Establish procedures to ensure that
any action initiated under this part is
reported immediately to the Head of the
DoD Component concerned.
(3) Report any action initiated under
this part immediately to the Secretary of
Defense.
(b) The Deputy Under Secretary of
Defense (Program Integration) shall
serve as the administrative point of
contact in the Office of the Secretary of
Defense for all matters relating to this
part.
§ 143.8
person can be imputed to the
organization, examples of factors that
may be considered include: The
frequency of such act; the position in
the organization of persons committing
the act; whether the commission of such
act was known by the leadership of the
organization; whether the commission
of the act was condemned or disavowed
by the leadership of the organization.
(c) Any information about persons
and organizations not affiliated with the
Department of Defense needed to make
the determinations required by this part
shall be gathered in strict compliance
with the provisions of DoD Directive
5200.27 1 and shall not be acquired by
counterintelligence or security
investigative personnel. The
organization itself shall be considered a
primary source of information.
[DOD–2006–OS–0204]
RIN 0790–AI07
32 CFR Part 144
Service by Members of the Armed
Forces on State and Local Juries
Department of Defense.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule implements 10
U.S.C 982 to establish uniform DoD
policies for jury service by members of
the Armed Forces on active duty. The
provisions of this rule impact activeduty members of the Armed Forces.
This updated rule contains editorial
changes only as required for internal
Department of Defense mandated
reconsideration every 5 years.
DATES: Effective Date: January 22, 2007.
FOR FURTHER INFORMATION CONTACT:
Colonel C. Garcia, Office of the Deputy
Under Secretary of Defense for Program
Integration, 4000 Defense Pentagon,
Washington DC 20301–4000. Telephone
(703) 697–3387.
SUPPLEMENTARY INFORMATION: The
proposed rule was published on October
10, 2006, at 71 FR 59411. One comment
was received. The commenter
recommended that the part be changed
1 Copies are available at https://www.dtic.mil/whs/
directives.
E:\FR\FM\22DER1.SGM
22DER1
]]>Agencies
[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Rules and Regulations]
[Pages 76914-76916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21943]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 143
[DOD-2006-OS-0057]
RIN 0790-AH99
DoD Policy on Organizations That Seek To Represent or Organize
Members of the Armed Forces in Negotiation or Collective Bargaining
AGENCY: Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule contains uniform Department of Defense policies for
organizations that seek to represent or organize members of the Armed
Forces in negotiation or collective bargaining. This updated rule
contains editorial changes only as required for internal Department of
Defense mandated reconsideration every 5 years.
DATES: Effective Date: January 22, 2007.
FOR FURTHER INFORMATION CONTACT: Lieutenant Colonel Mark Gingras,
Office of the Deputy Under Secretary of Defense for Program
Integration, 4000 Defense Pentagon, Washington, DC 20301-4000.
SUPPLEMENTARY INFORMATION: The proposed rule was published on October
12, 2006, at 71 FR 60092. No comments were received. The rule is
therefore adopted as published below.
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 143 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. By its terms, this rule applies to state and local
governments. It has no impact on ``small entities''.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this rule does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
The reporting and recordkeeping requirements have been submitted to OMB
for review.
Executive Order 13132, ``Federalism''
It has been certified that this rule does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 143
Government employees, Labor management relations, Military
personnel.
0
Accordingly 32 CFR part 143 is revised to read as follows:
PART 143--DOD POLICY ON ORGANIZATIONS THAT SEEK TO REPRESENT OR
ORGANIZE MEMBERS OF THE ARMED FORCES IN NEGOTIATION OR COLLECTIVE
BARGAINING
Sec.
[[Page 76915]]
143.1 Purpose.
143.2 Applicability.
143.3 Definitions.
143.4 Policy.
143.5 Prohibited activity.
143.6 Activity not covered by this part.
143.7 Responsibilities.
143.8 Guidelines.
Authority: 10 U.S.C. 801-940 and 10 U.S.C. 976.
Sec. 143.1 Purpose.
This part provides DoD policies and procedures for organizations
whose objective is to organize or represent members of the Armed Forces
of the United States for purposes of negotiating or bargaining about
terms or conditions of military service. The policies and procedures
set forth herein are designed to promote the readiness of the Armed
Forces to defend the United States. This part does not modify or
diminish the existing authority of commanders to control access to, or
maintain good order and discipline on, military installations; nor does
it modify or diminish the obligations of commanders and supervisors
under 5 U.S.C. 7101-7135 with respect to organizations representing DoD
civilian employees.
Sec. 143.2 Applicability.
(a) The provisions of this part apply to:
(1) The Office of the Secretary of Defense, the Military
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant
Commands, the Office of the Inspector General of the Department of
Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities in the Department of Defense (hereafter
referred collectively as the ``DoD Components'').
(2) Individuals and groups entering, using, or seeking to enter or
use military installations.
(b) This part does not limit the application of the Uniform Code of
Military Justice in 10 U.S.C. 901-940 or 10 U.S.C. 976 including the
prohibitions and criminal penalties set forth therein with respect to
matters that are the subject of this part or that are beyond its scope.
Sec. 143.3 Definitions.
(a) Member of the Armed Forces. A member of the Armed Forces who is
serving on active duty, or a member of a Reserve component while
performing inactive duty training.
(b) Military labor organization. Any organization that engages in
or attempts to engage in:
(1) 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;
(2) 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
(3) Striking, picketing, marching, demonstrating, or any other
similar form of concerted action which 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:
(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.
(c) Civilian officer or employee. An employee, as defined in 5
U.S.C. 2105.
(d) Military installations. Includes installations, reservations,
facilities, vessels, aircraft, and other property controlled by the
Department of Defense.
(e) Negotiation or bargaining. A process whereby a commander or
supervisor acting on behalf of the United States engages in discussions
with a member or members of the Armed Forces (purporting to represent
other such members), or with an individual, group, organization, or
association purporting to represent such members, for the purpose of
resolving bilaterally terms or conditions of military service.
(f) Terms or conditions of military service. Terms or conditions of
military compensation or duty including but not limited to wages, rates
of pay, duty hours, assignments, grievances, or disputes.
Sec. 143.4 Policy.
It is the policy of the United States under Public Law 95-610 that:
(a) 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.
(b) 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.
(c) 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.
(d) Strikes, slowdowns, picketing, and other traditional forms of
job action have no place in the Armed Forces.
(e) 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.
(f) The circumstances that could constitute a threat to the ability
of the Armed Forces to perform their mission are not comparable to the
circumstances that 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.
Sec. 143.5 Prohibited activity.
(a) Membership and enrollment. (1) A member of the Armed Forces,
knowing of the activities or objectives of a particular military labor
organization, may not:
(i) Join or maintain membership in such organization; or
(ii) Attempt to enroll any other member of the Armed Forces as a
member of such organization.
(2) No person on a military installation, and no member of the
Armed Forces, may enroll in a military labor organization any member of
the Armed Forces or solicit or accept dues or fees for such an
organization from any member of the Armed Forces.
(b) Negotiation or bargaining. (1) No person on a military
installation, and no member of the Armed Forces, may 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.
(2) No member of the Armed Forces, and no civilian officer or
employee, may
[[Page 76916]]
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.
(c) Strikes and other concerted activity. (1) No person on a
military installation, and no member of the Armed Forces, may 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:
(i) Negotiate or bargain with any person concerning the terms or
conditions of service of any member of the Armed Forces,
(ii) 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
(iii) Make any change with respect to the terms or conditions of
service in the Armed Forces of individual members of the Armed Forces.
(2) No person may use any military installation for any meeting,
march, picketing, demonstration, or other similar activity for the
purpose of engaging in any activity prohibited by this part.
(3) No member of the Armed Forces, and no civilian officer or
employee, may permit or authorize the use of any military installation
for any meeting, march, picketing, demonstration, or other similar
activity that is for the purpose of engaging in any activity prohibited
by this part.
(d) Representation. A military labor organization may not
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.
Sec. 143.6 Activity not covered by this part.
(a) This part does not limit the right of any member of the Armed
Forces to:
(1) Join or maintain membership in any lawful organization or
association not constituting a ``military labor organization'' as
defined in Sec. 146.3 of this part;
(2) 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) Seek or receive information or counseling from any source;
(4) Be represented by counsel in any legal or quasi-legal
proceeding, in accordance with applicable laws and regulations;
(5) Petition the Congress for redress of grievances; or
(6) Take such other administrative action to seek such
administrative or judicial relief, as is authorized by applicable laws
and regulations.
(b) This part does not 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.
(c) This part does not prevent any civilian employed at a military
installation from joining or being a member of an organization that
engages in representational activities with respect to terms or
conditions of civilian employment.
Sec. 143.7 Responsibilities.
(a) The Heads of DoD Components shall:
(1) Ensure compliance with this part and with the guidelines
contained in Sec. 143.8 of this part.
(2) Establish procedures to ensure that any action initiated under
this part is reported immediately to the Head of the DoD Component
concerned.
(3) Report any action initiated under this part immediately to the
Secretary of Defense.
(b) The Deputy Under Secretary of Defense (Program Integration)
shall serve as the administrative point of contact in the Office of the
Secretary of Defense for all matters relating to this part.
Sec. 143.8 Guidelines.
The guidelines for making certain factual determinations are as
follows:
(a) In determining whether an organization is a military labor
organization, whether a person is a member of a military labor
organization, or whether such person or organization is in violation of
any provision of this part, the history and operation of the
organization (including its constitution and bylaws, if any) or person
in question may be evaluated, along with evidence on the conduct
constituting a prohibited act.
(b) In determining whether the commission of a prohibited act by a
person can be imputed to the organization, examples of factors that may
be considered include: The frequency of such act; the position in the
organization of persons committing the act; whether the commission of
such act was known by the leadership of the organization; whether the
commission of the act was condemned or disavowed by the leadership of
the organization.
(c) Any information about persons and organizations not affiliated
with the Department of Defense needed to make the determinations
required by this part shall be gathered in strict compliance with the
provisions of DoD Directive 5200.27 \1\ and shall not be acquired by
counterintelligence or security investigative personnel. The
organization itself shall be considered a primary source of
information.
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\1\ Copies are available at https://www.dtic.mil/whs/directives.
Dated: December 18, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E6-21943 Filed 12-21-06; 8:45 am]
BILLING CODE 5001-06-P
