Ryan Chiao, Senior Photographer
The Veterans Legal Services Clinic at Yale Law School has filed a lawsuit against the Department of Justice, asking the court to confirm the right of the Connecticut National Guard to unionize while on state active duty.
The Veterans Clinic, along with co-counsel at Livingston, Adler, Pulda, Meiklejohn & Kelly PC, filed the lawsuit on Nov. 15 on behalf of four Connecticut state employee unions. They undertook the litigation to clarify the bearing of federal statute 10 U.S.C. 976 on Connecticut National Guard members. The statute makes it a felony for members of the U.S. Armed Forces to unionize, and for any person to support unionization within the Armed Forces. The statute does not apply to members of the National Guard while on state active duty who are under the command of the Governor. The Veterans Clinic asked the federal courts for confirmation that there is no legal obstacle posed to Connecticut National Guard members unionizing. If the lawsuit is decided in their favor, it would permit members to organize and allow other state employee unions to support these efforts.
“We are bringing this lawsuit because Guard members on state orders should have the same opportunity to have a voice in their state workplace as the public employees with whom they work shoulder to shoulder,” William J. Boucher, secretary-treasurer of the Connecticut Police and Fire Union, said in a press release.
The duties of the National Guard are separated...
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