{"id":13782,"date":"2022-01-25T20:53:47","date_gmt":"2022-01-25T20:53:47","guid":{"rendered":"https:\/\/one.sightlinemg.com\/airforcetimes\/uncategorized\/2022\/01\/25\/guard-troops-can-unionize-on-state-active-duty-doj-says\/"},"modified":"2026-08-08T01:39:03","modified_gmt":"2026-08-08T01:39:03","slug":"guard-troops-can-unionize-on-state-active-duty-doj-says","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/airforcetimes\/news\/your-air-force\/2022\/01\/25\/guard-troops-can-unionize-on-state-active-duty-doj-says\/","title":{"rendered":"Guard troops can unionize on state active duty, DoJ says"},"content":{"rendered":"\n

National Guard troops can legally organize and form unions<\/a> while serving on state active duty orders, the Justice Department said in a court filing last week.<\/p>\n\n\n\n

DoJ lawyers asked a federal judge to dismiss a lawsuit brought by state employee unions in Connecticut<\/a>, saying that \u201cthe Government agrees\u201d with them.<\/b> A federal law prohibiting members of the military from organizing unions \u201cdoes not apply to Guard members on state active duty or in the Inactive National Guard,\u201d DoJ lawyers wrote in their filing.<\/p>\n\n\n\n

\u201cWe\u2019re excited about what appears to be a straightforward agreement with our position that National Guard members on State Active Duty are not subject to\u201d that federal law, said Josh Lefkow, a legal intern for the Yale Law School Veterans Legal Services Clinic and Marine veteran, in a phone interview.<\/p>\n\n\n\n

The apparent green-light to organize hinges upon the troops\u2019 legal status as state employees \u2014 not military members \u2014 when they are on state active duty. The same legal principle is what allows Guard troops on state active duty to conduct law enforcement, which is virtually prohibited for troops who are being paid as military members.<\/p>\n\n\n\n

The unions brought the case on behalf of Connecticut Guard members who they say deserved a voice alongside state employees in advocating for workplace protections when on state active duty responding to the COVID-19 pandemic.<\/p>\n\n\n\n

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Medical professionals from the Massachusetts National Guard administer COVID vaccines to members of the community at the East Boston Neighborhood Health Center, March 1, 2021. (Sgt. 1st Class Laura Berry\/Massachusetts National Guard)<\/figcaption><\/figure>\n\n\n\n

\u201cConnecticut National Guard members on state orders have worked alongside the public service workers we represent to distribute protective equipment and assist with testing at the height of the COVID-19 pandemic,\u201d said Jody Barr in a November press release<\/a> announcing the lawsuit. Barr is a former Guard member who leads American Federation of State, County and Municipal Employees Council 4 \u2014 one of the unions who sued.<\/p>\n\n\n\n

\u201cYet Guard members were not able to bargain over COVID-19 safety precautions, even though the state employees they worked directly alongside were able to have a voice in COVID-19 testing, shift safety, and other necessary precautions,\u201d Barr added in the release.<\/p>\n\n\n\n

Usually, Guard troops only go on state active duty for short periods of time \u2014 common missions include disaster or civil disturbance response. That could make organizing more difficult for them.<\/p>\n\n\n\n

A notable ongoing exception is the Texas National Guard\u2019s Operation Lone Star<\/a>, which includes up to 10,000 members of the Texas Military Department who are mobilized on year-long orders, according to comments made by a senior Guard official in a recent town hall. While each state has different laws that govern public sector unions, including some like Texas that ban strikes and collective bargaining for state employees, organizing advocates say that a union can help offer a voice even if their power is limited.<\/p>\n\n\n\n

The troops on Operation Lone Star have suffered from problems with pay, mental health<\/a> and living conditions, in addition to shortages of critical equipment like first aid kits and cold weather gear. They also recently had their state education benefits<\/a> cut.<\/p>\n\n\n\t