February 3, 2017
I am writing this letter to make it perfectly clear that at no time can a Federal employee strike against the United States government or the United States Environmental Protection Agency. Such an action would be considered a felony and punishable by a fine under 18 United States Code (U.S.C.) § 1918.
I remind all Federal employees represented by the National Council of EPA Locals #238, American Federation of Government Employees (AFGE Council 238), that when we entered Civil Service, we took not only an oath of office pursuant to 5 U.S.C.§ 3331, but also signed an affidavit pursuant to 5 U.S.C. § 3333, that we would not violate 5 U.S.C. § 7311, in which we promised not to strike.
The provision at 5 U.S.C. § 7311 specifically states that “an individual may not … hold a position in the Government of the United States or the government of the District of Columbia if” he or she participates in a strike or even asserts the right to the right to strike against the federal government.
If you strike, or assert your alleged right to strike (which you do NOT have as a Federal employee), or even engage in any activity that may be perceived as a strike, or that might otherwise come under the definition of strike, you will probably be fired, and there will be little to nothing that the union can do to assist you.
Please keep in mind, however, that we are allowed under the Federal Service Labor-Management Relations Statute to have information rallies and demonstrations, and we intend to be doing that!
John J. O’Grady, President
AFGE Council 238