On November 15, 2021, American Federation of State, County, and Municipal Employees Council 4 (AFSCME Council 4), Connecticut Police and Fire Union (CFPU), National Association of Government Employees (NAGE), and SEIU Local 2001 (SEIU) filed a lawsuit challenging a federal statute, 10 U.S.C. § 976, that makes it a felony for members of the armed forces to join or attempt to join a union, and for any person to support labor organizing in the armed forces.

By its plain terms, this federal statute does not apply to members of the National Guard while on state active duty—that is, when Guard members serve under the command of the Governor, pursuant to state law, at state expense. The unions’ lawsuit asks the federal courts to clarify that 10 U.S.C. § 976 presents no obstacle to unions organizing members of the Connecticut National Guard on state active duty.

If decided in their favor, this lawsuit will allow the unions to support National Guard members in organizing and would provide the Guard with the same opportunity for collective representation afforded to other state employees alongside whom they work.

The law firm of Livingston, Adler, Pulda, Meiklejohn, and Kelly, PC, is co-counsel with the clinic on this matter.

For additional information about this lawsuit, see the documents linked below.


Case Documents

Complaint (filed Nov. 15, 2021)

Selected Press Documents and Media Coverage

Press Release (issued Nov. 15, 2021)