76 Human Resources Management for Public and Nonprofi t Organizations
Freedom of Association
Public employees are generally free to join organizations as long as their
membership does not create a confl ict of interest with their jobs or appears
to invite impropriety. Public employees also have broad protections against
being forced to join organizations. With limited exceptions, such as in
executive policymaking positions, the decisions to hire, terminate, train,
transfer, promote, or discipline employees for partisan political reasons
are not permissible. The Supreme Court reasoned that the contributions
that patronage makes to the government ’ s interests in loyalty, account-
ability, and party competition are outweighed by its infringement on public
employees ’ freedom of association and belief ( Elrod v. Burns , 1976; Branti
v. Finkel , 1980; Rutan v. Republic Party of Illinois , 1990). Moreover, public
employees cannot be required to join labor unions as dues - paying mem-
bers, but may be included as bargaining unit members for the purposes
of voting and contract application. Generally, dues - paying members are
assessed fees to contribute to their fair share of contract negotiations, con-
tract administration, and other privileges afforded under the contract, but
bargaining unit members may not be.Limits on Political Participation
Public employees can be restricted from participating in partisan political
activities. The 1939 Political Activities Act, more commonly referred to as
the Hatch Act, prohibits federal employees covered by it from taking an
active part in political campaigns. The act prohibits federal employees
from engaging in political activity while on duty, wearing campaign buttons in
the offi ce, and putting campaign bumper stickers on government vehicles.
It also bans soliciting and accepting or receiving political contributions,
and it prohibits employees from using their offi cial positions to infl uence
or interfere with an election. In addition, the Offi ce of Special Counsel
(OSC), an independent agency that investigates and prosecutes allegations
of improper political activities by government employees, has rendered
opinions that limit persons from running for a partisan offi ce where the
individual is directly or indirectly responsible for funds arising from
federal grants. In those cases, the individual may need to resign from public
employment to run for a local offi ce. Violators can be prosecuted under
federal law and even lose their jobs.
An interesting issue has risen as a result of the Internet. Today politi-
cal messages, campaign solicitations, and cartoons come to individuals ’ e - mail