U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 93— PUBLIC OFFICERS AND EMPLOYEES

18 U.S.C. § 1918

Disloyalty and asserting the right to strike against the Government

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Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—(1) advocates the overthrow of our constitutional form of government;(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia;shall be fined under this title or imprisoned not more than one year and a day, or both.(Added Pub. L. 89–554, § 3(d), Sept. 6, 1966, 80 Stat. 609; amended Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 118r.

Aug. 9, 1955, ch. 690, § 3, 69 Stat. 625.

 

[Uncodified.]

June 29, 1956, ch. 479, § 3 (as applicable to the Act of Aug. 9, 1955, ch. 690, § 3, 69 Stat. 625), 70 Stat. 453.

The section is rewritten to conform to the style of title 18. The statement of the acts prohibited is supplied from the Act of Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624, which is codified in section 7311 of title 5, United States Code.

The words “From and after July 1, 1956”, appearing in the Act of June 29, 1956, are omitted as executed.

The words “shall be guilty of a felony” are omitted as unnecessary in view of the definitive section 1 of this title. (See reviser’s note under section 550 of this title.)

Editorial NotesAmendments

1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions.

Notes of Decisions
Cited in 61 cases (6 in the last 5 years), 1969–2025 · leading case: United States v. Gary Greene, United States of Am. v. Harry L. Grant, United States of Am. v. Ronald A. May, 697 F.2d 1229 (5th Cir. 1983).
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United States v. Gary Greene, United States of Am. v. Harry L. Grant, United States of Am. v. Ronald A. May, 697 F.2d 1229 (5th Cir. 1983). · cites it 15× “They were convicted under 18 U.S.C. § 1918 for participating in a strike while employed by the federal government.”
United Fed'n of Postal Clerks v. Blount, 325 F. Supp. 879 (D.D.C. 1971). · cites it 10× “§ 7311, 18 U.S.C. § 1918 , an affidavit required by 5 U.”
United States v. William T. Taylor, United States of Am. v. Billy J. Florence, 693 F.2d 919 (9th Cir. 1982). · cites it 8× “*921 CANBY, Circuit Judge: William Taylor and Billy Florence appeal their jury convictions for participating in a strike against the federal government in violation of 18 U.S.C. § 1918 (3). We affirm. I. FACTS Taylor and Florence were president and vice president, respectively,…”
Roy L. Schapansky v. Dep't of Transp., Faa, 735 F.2d 477 (Fed. Cir. 1984). · cites it 3× “§ 7513 (b)(1); 2 (5) that the agency was correct under § 7513(b)(1) in disregarding the requirement for 30 day notice before deciding upon and effecting an adverse action because it had “reasonable cause to believe the employee ha[d] committed a crime” and because 18 U.S.C. §…”
Charbonnet v. Gerace, 457 So. 2d 676 (La. 1984). · cites it 3× “[8] Neither is there any evidence that plaintiffs were ever informed that 18 U.S.C. § 1918 makes participation in a strike against the United States government a federal crime.”
United States v. Amato, 534 F. Supp. 1190 (E.D.N.Y 1982). · cites it 16× “§ 7311 and 18 U.S.C. § 1918 (3). Defendants move pursuant to Rule 12 of the Federal Rules of Criminal Procedure to dismiss the indictment against them on the grounds that: (1) the defendants are being selectively prosecuted and are being discriminated against; (2) the crime…”
Am. Fed'n of Gov't Employees v. Fed. Labor Relations Auth., 836 F.3d 1291 (10th Cir. 2016). · cites it 2× “”); 18 U.S.C. § 1918 (violation of § 7311 is punishable by fine or imprisonment for up to one year).”
United States v. Richard M. Hoover, 727 F.2d 387 (5th Cir. 1984). · cites it 4× “RANDALL, Circuit Judge: Defendant-appellant Richard Hoover appeals his conviction under 18 U.S.C. § 1918 for participating in a strike while employed by the federal government.”
United States v. Prof'l Air Traffic Controllers Org., 504 F. Supp. 432 (N.D. Ill. 1980). · cites it 5× “§ 7311 and 18 U.S.C. § 1918 . Title VII and FLRA Jurisdiction Under 5 U.”
Fed. Aviation Admin. v. Adm'r, 494 A.2d 564 (Conn. 1985). · cites it 2× “The board also found that participation by the defendants in a strike against the United States government was in fact and in law felonious conduct and that the defendants were discharged for felonious conduct in violation of 18 U.S.C. § 1918 . 2 The board, noting that *549 the…”
United States v. Jose L. Martinez, 686 F.2d 334 (5th Cir. 1982). · cites it 2× “§ 7311 (3) and 18 U.S.C. § 1918 (3), which prohibit government employees from participating in a strike against the government.”
United States v. McDonald, 553 F. Supp. 1003 (S.D. Tex. 1983). · cites it 6× “Defendant moves to dismiss the indictment on three grounds: (1) that it does not state facts sufficient to constitute a federal offense because 18 U.S.C. § 1918 , read in conjunction with 5 U.”
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