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Recently, President Trump implemented a new directive aimed at curtailing the ability of federal agencies to finalize union contracts in the waning days of a presidential term. This memorandum, which is meant to prevent agreements that he argues may obstruct the incoming administration’s mandate, is largely seen as unlikely to yield tangible outcomes.
In recent months, Trump, along with influential figures like Elon Musk and various Republican legislators, has criticized former Social Security Commissioner Martin O’Malley for his decision to sign a lengthy contract with the American Federation of Government Employees (AFGE) last November. This agreement is notable for extending existing telework policies until 2029. The Education Department also initiated a similar contract with AFGE that took effect on January 17.
According to the memo, such late-stage collective bargaining agreements (CBAs) that ostensibly bind a new president to the prior administration’s policies are at odds with the principles of democratic governance in the United States. The document notes, “CBAs quickly negotiated to include extreme policies on the eve of a new administration are purposefully designed to circumvent the will of the people and our democracy.”
Trump’s memorandum imposes a prohibition on agencies entering into union contracts during the 30 days leading up to the inauguration of a new president. It also instructs federal agencies to reconsider CBAs signed after December 20, if their respective agency-head review processes have not yet concluded.
However, uncertainties remain regarding the practical implications of this memorandum. The contract between the Social Security Administration and AFGE was finalized under O’Malley’s leadership in November, and the Education Department’s contract only became effective following its agency-head review on January 17. Generally, union contracts do not take effect until the complete review process is finalized, and once enacted, they are typically only alterable through legislation.
Brittany Holder, a spokesperson for AFGE, confirmed that the contract with the Education Department successfully passed the necessary agency head review as of January 17.
Importantly, Trump’s memo does make allowances for union contracts specifically covering law enforcement officers. Notably, on the brink of President Biden’s inauguration, the previous administration ratified a collective bargaining agreement with a union representing Immigration and Customs Enforcement (ICE) employees, effectively granting them significant influence over potential agency policy modifications.
In the lead-up to the issuance of this memorandum, House Oversight and Reform Committee Chairman James Comer reached out to AFGE National President Everett Kelley to request detailed information on all collective bargaining agreements established between the union and various agencies since January 2024.
Comer expressed that “President Trump is working to bring efficiency to the federal government, including through reforms to the federal workforce,” arguing that the collective bargaining agreements finalized by the outgoing administration with AFGE should not hinder Trump’s aims to optimize federal operations for the benefit of the public.
In response to the memorandum, Kelley characterized Trump’s actions as attempts to “frighten and confuse” federal employees. He asserted, “Federal employees should know that approved union contracts are enforceable by law, and the president does not have the authority to make unilateral changes to those agreements. AFGE members will not be intimidated. If our contracts are violated, we will aggressively defend them.”
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