Collective Bargaining and Homeland Security

Publication Date: November 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Labor

Type:

Abstract:

This report discusses the personnel provisions of H.R. 5710, the Homeland Security Act of 2002, and 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. H.R. 5710, described as a revised version of the original White House proposal to create a new Department of Homeland Security, was passed by the House on November 13, 2002. H.R. 5710 includes language related to the President's authority under 5 U.S.C. § 7103(b)(1).

The report provides a legislative history of 5 U.S.C. § 7103(b)(1). 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 will be updated as events warrant.