sought to have the Democratic Party at their national convention insert a platform plank addressing this issue. The Platform Committee did so. At the convention, there was no Federal employee or postal employee permitted to speak on that issue or vote on that issue because no Federal or postal employee could be a delegate to the national political conventions of this country, and so, to speak on this issue, we had to have an individual who was not a Federal or postal employee. We are not permitted to participate in the political process in any meaningful manner whatsoever. We can talk about it. We can discuss it with our friends, but we can serve on no committees. We can take no partisan role, active role in any partisan political campaign. We cannot run for partisan political office either. Very frankly, that does not seem to me to be a major problem with our organization, though in terms of civil liberties it is a major deprivation to any individual who is denied the right to seek political office in this country. Senator ROTH. Thank you, Mr. Waldie. As I mentioned, I would appreciate it if we could obtain in writing, as your unions see it, exactly what you can and cannot do currently, and as to what precisely you would be able to do and not be able to do under the proposed change in the Hatch Act. I think that would be very helpful, to give us a better understanding. Mr. BLAYLOCK. We have such breakdowns. We would be more than glad to provide them to the committee.1 I might point out, we have now several ongoing cases under the existing Hatch Act as a result of last November's election. We have formal charges pending against Federal employees who participated in State or local party committees. We have formal charges pending against individuals who handed out leaflets in behalf of a particular candidate, and those are just some examples of things they cannot do now that they would be able to do Senator ROTH. That would be very helpful. Mr. BLAYLOCK. We do have a breakdown section by section of the existing act, and of the H.R. 10. H.R. 10, I have with me. The breakdown of the Hatch Act itself, I do not. But we will be more than glad to provide that to you. Senator ROTH. I think any examples of your experience would be helpful also, in order to get a better understanding. Mr. Chairman, with your permission, I would request that the committee invite the Civil Service Commission to provide the same information. Senator SASSER. The request will be made of the Civil Service Commission, Senator Roth, to ask for such a breakdown or discussion, and I would ask the staff of the committee to contact the Civil Service Commission and secure that. Without objection, that will be made a part of the record. [The information follows:] 1 See p. 82. As you know the Senate Committee on Governmental Affairs is currently considering several proposals to amend the Hatch Act. To assist the Committee and myself in the consideration of these proposals, I would appreciate your providing me with the following information: 1. What percentage of Federal employees are represented by unions. During hearings, one witness stated that 59% of Federal civilian employees were represented by unions. 2. How many violations of the Hatch Act have been proaecuted during the past five years? Specifically I would appreciate knowing the nature and date of each violation, the corrective action taken, and the date of the final resolution of each incident. I am interested in knowing not only those instances where employees were discharged, but also those where the employee was vindicated or for some other reason reinstated. I am not interested in knowing the employee's name or other information which would invade his or her privacy. I realize that it may be difficult for you to accumulate this information in the limited amount of time available. If some adjustment is required, please feel free for you or your staff to contact my assistant, Curtis Moors, at 224-2441. Sincerely, CC: The Honorable Abraham Ribicoff The Honorable Charlas Percy The Honorable Ted Stevens William V. Roth, Jr. This refers to your recent letter requesting information to assist you in your consideration of the various proposals to amend the Hatch Act. We have attached a news release pertaining to the percentage of Federal employees who are represented by unions. While 59% of federal employees were represented by unions as of 1975, more recent data indicates that 58% of Federal employees were represented by unions in 1975. During Hearings before the louse Subcommittee on Employee Political Rights and Intergovernmental Programs in 1975 we provided very detailed statistical information concerning the Commission's enforcement of the Hatch Act during Fiscal Years 1970-1975 (copy enclosed). While this information may be somewhat more detailed than that which you have requested it may nonetheless be of help to you. Finally, we have enclosed a statistical overview of the Hatch Act cases prosecuted by the Commission under 5 U.S.C. 7324, et seq.. during Fiscal Years 1973 through 1977, providing pertinent dates, nature of the violation and the corrective action taken in each instance. We trust that this information will be of use to you as you consider Hatch Act reform. If additional information would be of help please contact Ralph Eddy in the Ceneral Counsel's Office at 632-7600. ADVANCE FOR THURSDAY AFTERNOON NEWSPAPERS, MARCH 10, For the first time in the 14 years that statistics have been kept on the Federal labor-management relations program the ratio of employees represented by labor organizations to total Federal employment has decreased, the Civil Service Commission reported today. - The decline is minimal from 59 percent in 1975 to 58 percent in 1976 and is consistent with the stable situation that has existed in the highly organized Federal work force in recent years. Similar slight variations are found in other 1975-1976 data (see table 1 attached). The fact that the Tennessee Valley Authority, which has 29,403 represented employees, was removed in January 1976 from the jurisdiction of Executive Order 11491, as amended, appears to have had negligible effect on the composite totals.* The Commission's annual report on labor organization recognitions and negotiated agreements as of November 1976, prepared by the Office of Labor-Management Relations, shows that agreements have been negotiated in 40 additional recognition units, an increase of 1 percent over 1975 and 11 percent over 1974. Overall, 2,744 or 77 percent of all units are covered by agreements. (Some so-called multi-unit agreements cover more than one recognition unit.) Employees covered by negotiated agreements decreased by 23, 354 or 2 percent to 1,059,663 or 89 percent of all employees under exclusive recognition. Of the entire non-postal Federal work force, 52 percent were covered by agreements as of November 1976. *NOTE: As stated, these percentages are related to total employment, including employees not eligible for union representation under Executive Order 11491 (e.g., supervisors and managers). As such, these percentages are not intended to indicate the level of union representation among eligible employees, nor of union membership, for which no record is maintained by the Commission. -2 A total of 1,190,478 (58 percent) of non-postal Federal employees are represented by unions, compared with 1,200,336 (59 percent) in 1975. There were 3,567 actual recognition units by November 1976, compared with 3,608 in 1975. The average unit contained 334 employees in 1976; in 1975 the average was 333. This is only the second time the number of units has not increased in the 14 years statistics have been compiled by the Commission. Blue-collar employees in exclusive recognition units decreased in absolute numbers to 384,820 (-25,896) a 6 percent decrease. (NOTE: Most of this decrease is caused by TVA exclusion from the data) 83 percent are now represented. White-collar coverage in exclusive units is up 2 percent to 805,658 employees but remained constant as a percentage of total employment (51 percent). The Postal Service showed a decline in employees in exclusive recognition units (from 599,004 in 1975 to 578,899 in 1976). However, representation as a percent of total employment grew to 88 percent, while total Postal Service employment dropped from 691,504 to 660,605. When postal and non-postal data are combined, the total coverage under exclusive recognition becomes 1,769,377 or 65 percent of total employment in 1976. The comparable 1975 figure is 1,799,340 (66 percent). Representation Among Major Unions American Federation of Government Employees (AFL-CIO) increased its representation by 8,381, to 678,410 in the 12-month period ending November 1976. As of that time, 89 percent of employees represented by AFGE were covered by agreements. The National Federation of Federal Employees represented 133,549, a slight decrease of 2,522, and 90 percent of these employees were covered by agreements. National Treasury Employees Union added 5,918 employees to its total representation. It brought to 89,786 the number of employees represented, of which 94 percent were covered by agreements as of November 1976. Metal Trades Council (AFL-CIO) representation was down slightly from 58,629 to 58,453. International Association of Machinists (AFL-CIO) increased from 32,859 to 33,492. National Association of Government Employees also increased from 77,878 to 82,642. |