B-126663, SEP. 22, 1970
Highlights
THERE IS NO OBJECTION TO ISSUANCE OF PROPOSED FEDERAL PERSONNEL MANUAL LETTER DELETING THE NO STRIKE AFFIDAVITS IN STANDARD FORM 61. HAMPTON: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 11. REQUESTING OUR ADVICE AS TO WHETHER WE HAVE ANY OBJECTION TO THE ISSUANCE OF A PROPOSED FEDERAL PERSONNEL MANUAL LETTER CONCERNING AFFIDAVITS B AND C AS CONTAINED IN STANDARD FORM 61 WHICH IN THE PAST HAVE BEEN SIGNED BY APPOINTEES TO GOVERNMENT POSITIONS. SUPP. 546 (D.D.C. 1969) HELD UNCONSTITUTIONAL THOSE PORTIONS OF 5 U.S.C. 7311 WHICH PROVIDE 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 ASSERTS A RIGHT TO STRIKE AGAINST SUCH GOVERNMENTS OR IS A MEMBER OF AN EMPLOYEES' ORGANIZATION ASSERTING SUCH RIGHT.
B-126663, SEP. 22, 1970
NO STRIKE - AFFIDAVIT IN VIEW OF RECENT COURT CASES HOLDING UNCONSTITUTIONAL THE NO STRIKE REQUIREMENTS IN 5 U.S.C. 7311. THERE IS NO OBJECTION TO ISSUANCE OF PROPOSED FEDERAL PERSONNEL MANUAL LETTER DELETING THE NO STRIKE AFFIDAVITS IN STANDARD FORM 61.
TO MR. HAMPTON:
REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 11, 1970, WITH ENCLOSURE, REQUESTING OUR ADVICE AS TO WHETHER WE HAVE ANY OBJECTION TO THE ISSUANCE OF A PROPOSED FEDERAL PERSONNEL MANUAL LETTER CONCERNING AFFIDAVITS B AND C AS CONTAINED IN STANDARD FORM 61 WHICH IN THE PAST HAVE BEEN SIGNED BY APPOINTEES TO GOVERNMENT POSITIONS.
THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN NATIONAL ASSOCIATION OF LETTER CARRIERS V BLOUNT, 305 F. SUPP. 546 (D.D.C. 1969) HELD UNCONSTITUTIONAL THOSE PORTIONS OF 5 U.S.C. 7311 WHICH PROVIDE 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 ASSERTS A RIGHT TO STRIKE AGAINST SUCH GOVERNMENTS OR IS A MEMBER OF AN EMPLOYEES' ORGANIZATION ASSERTING SUCH RIGHT. THE COURT ALSO HELD UNCONSTITUTIONAL THE OATH (AFFIDAVIT C) IMPLEMENTING SUCH STATUTORY PROVISIONS. UNDERSTAND THAT THE APPEAL TAKEN TO THE SUPREME COURT HAS BEEN DISMISSED BY STIPULATION OF COUNSEL. ALSO, IN A PRIOR CASE STEWART V WASHINGTON, 301 F. SUPP. 610 (1969), THE COURT HELD UNCONSTITUTIONAL OTHER PROVISIONS OF 5 U.S.C. 7311 ON WHICH THE AFFIDAVIT AS TO SUBVERSIVE ACTIVITY AND AFFILIATION (AFFIDAVIT B) WAS BASED.
WE AGREE THAT THE ABOVE DECISIONS REQUIRE THE DELETION OF AFFIDAVIT B AND THAT PORTION OF AFFIDAVIT C ON STANDARD FORM 61 REGARDING THE EMPLOYEE'S ASSERTION OF THE RIGHT TO STRIKE.
WE UNDERSTAND THAT THE INFORMATION PORTION OF STANDARD FORM 61 WILL NOT BE INCORPORATED IN THE REVISED FORM SINCE THE INFORMATION CONTAINED THEREIN IS PARTLY OBSOLETE AND DOES NOT DISCLOSE TO AN EMPLOYEE HIS FULL RESPONSIBILITY WITH REGARD TO HIS CONDUCT AS A GOVERNMENT EMPLOYEE. VIEW OF THIS AND SINCE PART 735 OF THE CIVIL SERVICE REGULATIONS REQUIRES EACH AGENCY TO FORMULATE AND FURNISH EACH EMPLOYEE WITH AGENCY REGULATIONS REGARDING THE STANDARDS OF CONDUCT AND RESPONSIBILITIES OF ITS EMPLOYEES, OUR OFFICE DOES NOT OBJECT TO THE INSTRUCTION TO DISREGARD THE INFORMATION PORTION OF THE FORM.