Political Action  Equality & Justice for Federal Employees of the National Guard


We plan and execute strategy based on the needs of our members. This includes speaking directly with Members of Congress and their staff to further our legislative agenda.

Capitol Hill

Ben Banchs
LIUNA Local 1776
Business Manager

(985) 249-2315


Our goal is to improve the rights and benefits of National Guard technicians and T5 employees by changing the law.


The National Guard civilian employee program needs to be improved. Anyone who's ever been employed as a National Guard technician knows that often times they get the worst of both worlds. For example:

1. PENDING - Dual-Status Requirement: Federal law requires that technicians maintain satisfactory military membership in the Army or Air National Guard in order to remain employed. This legal requirement places a unique burden on technicians as Federal employees because once they reach 20 years in the military they can be non-retained (let go) as a reservist, automatically resulting in termination from their technician job. If they do not have enough creditable civil service at the time of their military separation then they will not be eligible for a Federal Civil Service retirement annuity. Aside from the financial harm it may cause an employee, it makes no fiscal sense for the US Government to non-retain a technician who's working hard and meeting all their civilian and military requirements simply because they've reached 20 years of military service. 

2. RESOLVED - Administrative Appeals: There was a time when National Guard employees could not ask that a neutral 3rd party review adverse actions like suspensions and terminations, even if these actions were carried out as retaliation for their legal disclosures of fraud, waste, or abuse (whistleblower). They also could not challenge reductions-in-force (RIF), furloughs, realignments, reductions in grade, and most other actions that affected an employee's career. That's because Federal law restricted any such appeals to the Adjutants General. This severely limited an employee's ability to receive a fair hearing concerning these matters since Adjutants General were often reluctant to go against the recommendations of their supervisors and managers. As a result of our legislative efforts we were able to change the law in December 2016. Technicians and T5 employees are now allowed to appeal adverse actions to the Merit Systems Protection Board (MSPB) just like every other Federal employee.

3. PENDING - Benefits: Because of their unique hybrid status (military/civilian) dual-status technicians also are exempted from certain programs which their counterparts, both military and civilian, get to take advantage of. Some examples:

- TRICARE Reserve Select (TRS): This health insurance program is available to all reservists, unless you're a technician. That's because Federal law does not allow employees to purchase TRS if they are also eligible for FEHB. This legal technicality ends up costing technicians and their families upwards of $5,000 extra per year for essentially the same health coverage. So even though they're required to be a reservist in order to keep their technician job they're legally denied access to a program created specifically for reservists solely because they're Federal employees.

- Recruitment Bonuses and Student Loan Repayment: Many individuals are attracted to serve in the National Guard because of the monetary incentives offered, like enlistment bonuses and student loan repayment. Yet, these are more examples of programs that are available to reservists, but out of reach for technicians merely because they are technicians. 

- Overtime Pay: The majority of Federal employees earn overtime pay when they work in excess of their normal schedule. Technicians are legally barred from earning overtime pay for overtime work. Instead, technicians may only earn one hour of compensatory time for each hour of overtime worked.      


In order to improve the technician program we need to change Federal law. Since 2009 we have repeatedly introduced legislation to do just that. LIUNA has and will continue to ask our friends in Congress to correct the inequalities which plague the technician program. We will continue to work on this legislation until some or all of the provisions are implemented.


Federal Postal Coalition
Union Veterans Council (AFL-CIO)


- 116th Congress Legislative Packet (2019-2020)

Our primary focus during the 116th Congress will be is to make TRICARE Reserve Select (TRS) available to National Guard Technicians and Title 5 Employees. We'll also continue to push for reform to the military retention board program.


- 115th Congress Legislative Packet
- 114th Congress Legislative Packet
- EEO Protections for Dual-Status Technicians

Major Areas of Political Activity

T32 - T5 Conversion of Technicians

Opponents of the conversion are pushing for delay and repeal of FY16 NDAA Sec. 1053. We will continue to leverage our expertise and knowledge of the technician program to inform Congress and National Guard leaders of the benefits and opportunities this conversion provides to all concerned. 

Related Documents

Support Letter - Sec. 1053 - by LIUNA GP
Support Letter - Sec. 1053 - for McCain
Support Letter - Sec. 1053 - for Reed
Support Letter - McCain and Reed reply to CoG

Opposition Letter - CoG to McCain and Reed
Opposition Letter - CoG to House/Senate Leaders
TAG Workgroup Info Paper Opposing Sec. 1053

Ongoing Priorities for Technician Program Reforms

-Protect technicians after 20 years of military service
-Allow continued employment as non-dual status
-Provide for appeal rights beyond the Adjutants General

NGB's Attempt to Strip Technicians of their EEO Rights

The National Guard Bureau is historically denieddual-status technicians their right to file complaints of discrimination under Title VII of the 1964 Civil Rights Act, a process which is overseen by the Equal Employment Opportunity Commission (EEOC). Instead they were forcing dual-status technicians to process claims of discrimination using the military equal opportunity (MEO) process, which allows the military chain-of-command to make the final decision. Thanks to our efforts, Congress finally put a stop to this illegal practice in 2016.

Related Documents


-LIUNA Non Concur with publishing of CNGBI 9601.01


-(DRAFT) NGB Discrimination Program Instruction
-(DRAFT) NGB Discrimination Program Manual
-LIUNA NGC Objections NGB Proposal (FEB 2015)
-NGB Reply to LIUNA Objections (APR 2015)

-LIUNA Objections to NGB Proposed Changes FY14 NDAA
-Joint Letter to Sen. Levin Opposing FY14 NDAA
-NGB Seeks to Change Law Rather than Follow It
-NGB Misleads EEOC

Past Activity




Past Legislation Introduced by LIUNA for Technicians

Congressional Session House Senate
111th Congress HR 3345
112th Congress HR 1169 S 1893
113th Congress   S 2312
114th Congress Pending  


-Office of Legislative Liaison


Copyright 2017 by LIUNA National Guard Council Local 1776