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UNITED FEDN. OF POSTAL CLERKS v. BLOUNT
March 31, 1971
United Federation of Postal Clerks, Plaintiff,
Winton M. Blount, Postmaster General of United States, Defendant
This action was brought by the United Federation of Postal Clerks (hereafter sometimes referred to as "Clerks"), an unincorporated public employee labor organization which consists primarily of employees of the Post Office Department, and which is the exclusive bargaining representative of approximately 305,000 members of the clerk craft employed by defendant. Defendant Blount is the Postmaster General of the United States. The Clerks seek declaratory and injunctive relief invalidating portions of 5 U.S.C. § 7311, 18 U.S.C. § 1918, an affidavit required by 5 U.S.C. § 3333 to implement the above statutes, and Executive Order 11491, C.F.R., Chap. II, p. 191. The Government, in response, filed a motion to dismiss or in the alternative for summary judgment, and plaintiff filed its opposition thereto and cross motion for summary judgment. A three-judge court was convened pursuant to 28 U.S.C. § 2282 and § 2284 to consider this issue.
"(3) participates in a strike . . . against the Government of the United States or the government of the District of Columbia . . ."
Paragraph C of the appointment affidavit required by 5 U.S.C. § 3333, which all federal employees are required to execute under oath, states (POD Form 61):
"I am not participating in any strike against the Government of the United States or any agency thereof, and I will not so participate while an employee of the Government of the United States or any agency thereof."
18 U.S.C. § 1918, in making a violation of 5 U.S.C. § 7311 a crime, provides:
"Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he . . .
"(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the District of Columbia . . .
"shall be fined not more than $1,000 or imprisoned not more than one year and a day, or both."
Section 2(e)(2) of Executive Order 11491 exempts from the definition of a labor organization any group which:
"asserts the right to strike against the Government of the United States or any agency thereof, or to assist or participate in such a strike, or imposes a duty or obligation to conduct, assist or participate in such a strike . . ."
Section 19(b)(4) of the same Executive Order makes it an unfair labor practice for a labor organization to:
"call or engage in a strike, work stoppage, or slowdown; picket an agency in a labor-management dispute; or condone any such activity by failing to take ...
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