Photo credit: www.govexec.com
Trump Administration Targets Federal Employee Unions with New Executive Orders
In a significant move to reshape federal labor relations, the Trump administration has advanced its initiative to diminish the influence of federal employee unions. This initiative has manifested in new executive orders that restrict collaborative avenues between labor and management officials and instruct federal agencies to bypass established contract provisions regarding reductions in force (RIF).
Last Friday, President Trump enacted a duo of executive orders that reverse several policies instituted by the Biden administration. Among these actions is a directive to initiate the closure of several government entities, which includes the U.S. Agency for Global Media and the Federal Mediation and Conciliation Service (FMCS).
FMCS serves as an impartial agency established by Congress under the Taft-Hartley Act of 1947. Its role is to collaborate with labor unions, federal agencies, and private employers to prevent strikes and resolve disputes without resorting to litigation, making the proposed closure by the Trump administration legally contentious.
In response to the new executive orders, FMCS announced on its website’s home page that it is assessing these directives for swift implementation, indicating that the changes could impact services publicly available on its site.
Experts emphasize the cost-effectiveness of agencies like FMCS, alongside alternative dispute resolution processes championed by the Federal Labor Relations Authority. These mechanisms facilitate agreements between parties, diminishing the need for more contentious legal battles over labor disputes.
Among the executive orders, Trump’s adjustments undo Biden’s establishment of a $15 minimum wage for federal contractors and the introduction of labor-management forums intended for collaborative discussions between union leaders and agency heads throughout the government.
Moreover, the orders have eliminated a previous directive to promote registered apprenticeship programs, representing a broader trend toward dismantling systems that foster early career development within the federal workforce. This pattern was further underscored by the discontinuation of the presidential management fellowship program and the Federal Executive Institute, which provided essential training for federal leaders.
As federal entities brace for extensive RIFs, the Office of Personnel Management (OPM) has directed agencies to ignore union contract provisions that pertain to the procedures for reducing workforce sizes. In a memo from acting OPM Director Charles Ezell, he noted the necessity for agencies to follow detailed government-wide regulations during RIFs and stated that provisions conflicting with these regulations are unenforceable.
This instance marks a repeat of OPM’s previous guidance, which also instructed agencies to overlook union contract obligations in advance of the nationwide cessation of telework programs.
However, some provisions must still be negotiated, as Ezell clarified exceptions to the RIF processes. Provisions that mandate advance notice to employees, the provision of hiring preferences for qualified individuals, and training for those reassigned to new roles will still necessitate negotiation with labor organizations before proceeding.
In a recent communication, National Treasury Employees Union National President Doreen Greenwald cautioned the leadership of the Internal Revenue Service regarding their collective bargaining duties. She highlighted in a letter that non-compliance with notification and negotiation obligations linked to RIFs would breach their contractual agreement and could lead to unfair labor practice allegations as outlined in the Federal Service Labor-Management Relations Statute.
Source
www.govexec.com