The Department of Justice has given the green light to National Guard members on active duty for their states to join labor unions, despite a U.S. law that makes it a felony for military personnel on active federal duty to unionize.
The department on Tuesday settled a federal lawsuit filed in Connecticut by labor unions, having conceded the federal ban does not stop Connecticut National Guard members on state duty ordered by the governor from seeking collective bargaining rights. Both sides agreed to a dismissal of the case.
Already, the case has prompted some National Guard members in Texas to unionize.
A 1978 federal law makes it a criminal felony for members of the armed forces, including the National Guard, to join or attempt to form a labor organization.
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