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Washington, D.C.—

The nation's largest independent union of federal workers today strongly objected to Los Angeles-area employees of the Bureau of Customs and Border Protection (CBP) being told by area management that they must submit outside employment requests to the department before engaging in off-duty political campaign activity. Such a requirement infringes on the constitutionally-protected political rights of CBP employees by requiring them to seek approval from the agency before volunteering their off-duty time to work on a political campaign.

In a letter to Customs Commissioner Robert C. Bonner, NTEU President Colleen M. Kelley sought immediate clarification of CBP policy regarding employees' political activity. Recently, CBP employees in the Los Angeles area were provided with "guidance" from local management informing them that political activity is similar to outside employment and cannot be undertaken without filing a form and obtaining prior approval from CBP.

"It is an intolerable infringement of employees' constitutional rights to require them to obtain prior approval before engaging in lawful, off-duty political activity," Kelley wrote to Bonner.

"Forcing employees to apply for approval—and disclose details about their intended activity to a curious supervisor or reviewing authority—creates an impermissible chilling effect," she added.

In her letter, Kelley vowed that NTEU would take every step necessary to protect federal employees' rights to engage in political activity consistent with the Hatch Act. In the early 1990s, NTEU played a key role in winning reform of the Hatch Act, expanding the political rights of federal employees.

Under the Hatch Act federal employees may exercise a wide range of political rights off duty and off government property. These rights include campaigning for or against candidates in partisan elections, joining and being an active member of a political party, expressing opinions about candidates and issues, and registering and voting as they choose. "Under no circumstances must federal employees obtain approval to exercise their rights," Kelley said.

Kelley urged Commissioner Bonner to immediately clarify CBP's policy and inform bargaining unit employees that they are free to engage in partisan political activities consistent with the Hatch Act without prior approval from CBP.

NTEU is the largest independent federal union, representing some 150,000 employees in 30 agencies and departments, including nearly 16,000 in the Bureau of Customs and Border Protection.