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Trump Signs Executive Order to Limit Collective Bargaining in Federal Agencies
On Thursday, President Trump enacted an executive order aimed at prohibiting collective bargaining in a significant portion of the federal government. This move utilizes a seldom-invoked clause from federal labor law associated with national security considerations.
A fact sheet detailing the plan indicates that Trump invoked a specific provision from the 1978 Civil Service Reform Act. This provision grants the president authority to exempt agencies from collective bargaining rules if compliance would conflict with national security mandates.
The president first contemplated leveraging this authority in early 2020. At that time, he gave then-Defense Secretary Mark Esper the power to exclude the Pentagon from federal labor laws. However, after facing bipartisan opposition from Congress, Esper chose not to exercise this option.
According to the administration, Trump’s directive effectively terminates collective bargaining rights for unions in key departments, including Defense, State, Veterans Affairs, Justice, and Energy. It also affects parts of the Homeland Security, Treasury, Health and Human Services, Interior, and Agriculture departments.
Additional agencies stripped of collective bargaining rights under this order include the International Trade Administration, Environmental Protection Agency, U.S. Agency for International Development, Nuclear Regulatory Commission, National Science Foundation, International Trade Commission, Federal Communications Commission, and General Services Administration, along with the offices of chief information officers across federal agencies.
The implications of this executive order reach approximately 67% of the federal workforce and impact 75% of federal employees who are currently union members.
Guidance distributed by acting Office of Personnel Management Director Charles Ezell informed the affected agencies that they are “no longer subject to the collective bargaining requirements” specified in Title 5 of the U.S. Code. However, agencies have been advised to consult with legal counsel regarding the execution of these directives and to halt any participation in ongoing grievance processes managed by independent arbitrators.
Don Kettl, a noted academic and former professor at the University of Maryland School of Public Policy, commented that the national security exemption cited in the Civil Service Reform Act may not sufficiently justify the extensive scope of Trump’s order. He noted, “The president has the authority to adjust the parameters of union representation and negotiate new contracts; however, he cannot unilaterally nullify existing agreements.”
While the White House fact sheet emphasizes the national security exemption, it also targets the 1978 law itself, accusing labor unions of opposing the president’s policy goals. The document shared various grievances and ongoing legal actions from unions that seek to resist efforts to streamline and politically align the federal workforce. Kettl observed, “The exemption implies that the president’s national security duties can override current union agreements, placing them at his discretion.” He further criticized the assertion that the Civil Service Reform Act permits union obstruction of agency operations, describing it as a dual attack on both the act and the unions involved.
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