Collective Bargaining and Homeland Security [Updated September 5, 2002]   [open pdf - 40KB]

From the Summary: "This report discusses the personnel provisions of recent proposals to create a new Department of Homeland Security. H.R. 5005, the Homeland Security Act of 2002, has generated concern among some members of the labor community who have questioned the possible denial of collective bargaining rights for the estimated 170,000 employees affected by the homeland defense reorganization. S. 2452, the National Homeland Security and Combating Terrorism Act of 2002, would restrict the President's ability under 5 U.S.C. § 7103(b)(1) to exclude the new Department and transferred agencies from coverage under chapter 71 of title 5, U.S. Code. The President's existing authority under 5 U.S.C. § 7103(b)(1) to exclude the employees of certain agencies from the ability to bargain collectively is also discussed in this report. The report provides a legislative history of this exclusion provision. In addition, the report reviews the concept of successorship, whereby a union may retain its status as the exclusive representative of employees acquired by a new employer. Successorship could be an issue for the eighteen unions that represent employees affected by the reorganization. This report reflects legislative action up through House passage of H.R. 5005. The report will be updated as events warrant."

Report Number:
CRS Report for Congress, RL31520
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