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Employee Rights to Union Membership

Questions and answers

Yes, the solicitation of union membership is a right afforded to federal employees under 5 U.S.C. § 7102, which provides employees “the right to form, join, or assist any labor organization, or to refrain from such activity…” although 5 U.S.C. § 7131(b) specifically requires that such solicitation of membership “be performed during the time the employee is in a non-duty status.” 

 For example, an employee on break (e.g. lunch) can solicit another employee who is on a break (e.g. lunch). The requirement to be in a non-duty status applies both to the employees being solicited and employees soliciting. See Social Security Administration and American Federation of Government Employees, 13 FLRA 409 (1983).

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