Unions in the National Guard: A National Consolidation, Yes/No?

The purpose of this strategic research project is to present information on the proposed consolidation of 38 states technician unions into one national union under a single collective bargaining agreement, negotiated with the Department of DefenseNational Guard Bureau, rather than the individual states Adjutant Generals. The Adjutants General and union perspectives will be analyzed in view of their constitutional, case law legislative, and Federal Labor Relations Administration settings. The constitutional history of the National Guard will be set forth. The anticipated and stated impacts of such a union consolidation are discussed. States rights issues bear careful scrutiny when weighed against the overarching federal authority and requirements. The State sovereignty and residual rights aspects of the Tenth Amendment of the Constitution require consideration in that a consolidation would remove from the States control of the labor relations and employee supervision set forth by the founding fathers. The National Guard will be evaluated in its dual mission serving the President and the people of the United States when activated for federal service, and while serving the Governor and state constituencies while in a state duty status. The specific legislative milestones of the National Guard will be set forth to provide a back drop against which this matter is being deliberated. The Military Technician Act of 1983 is set forth, with the congressional leaders intent to help our understanding of its purpose. Finally, the Federal Labor Relations Authority criteria for such a proposed consolidation is weighed against the facts presented by the parties to reach a possible and probable outcome in this matter.