Collective Bargaining and Homeland Security

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). 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.

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