Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED FEDN. OF POSTAL CLERKS v. BLOUNT

March 31, 1971

United Federation of Postal Clerks, Plaintiff,
v.
Winton M. Blount, Postmaster General of United States, Defendant



Per Curiam

The Statutes Involved

5 U.S.C. § 7311(3) prohibits an individual from accepting or holding a position in the federal government or in the District of Columbia if he

 
"(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): *fn1"

 
"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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.