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Compliance

Legislative lowdown: Trump ends collective bargaining for over 1 million federal workers

The National Treasury Employees Union sued to block the executive order on Mar. 31, arguing the president overstepped his authority.

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Francis Scialabba

3 min read

President Donald Trump signed an executive order (EO) to end collective bargaining with unions representing an estimate of over one million federal workers, arguing national security interests justify the move.

The EO, dated Mar. 27, applies to federal unions representing workers in a wide range of agencies, including the Departments of Defense, Homeland Security, Justice, and Treasury. Police and firefighters were exempted from the order.

Taking away these workers’ collective bargaining rights is intended to “ensure that agencies vital to national security can execute their missions without delay and protect the American people,” a fact sheet listing the exempt agencies stated.

What this order means for unionized federal workers. Unions representing federal workers have been in the crosshairs of the Trump administration since the president took office in January. The American Federation of Government Employees (AFGE), which represents more than 820,000 workers, filed a lawsuit to block the administration’s plan to fire thousands of probationary employees; a federal judge has since ordered these employees to be reinstated. Leaders of these unions have also spoken out against Trump’s return-to-office mandate.

The Mar. 27 fact sheet states that “certain federal unions have declared war on President Trump’s agenda,” and specifically calls out the AFGE for “widely filing grievances to block Trump policies.”

Without the ability to collectively bargain, these unions can’t negotiate with the federal government on a myriad of terms and conditions regarding their members’ employment. Collective bargaining agreements (CBA) cover issues such as healthcare, performance management, and telework. The EO could also hinder unions’ ability to sue the administration on behalf of federal workers.

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The Office of Personnel Management moved to curtail unions’ ability to bargain with the federal government over reductions-in-force before this EO was released, directing agencies in a Mar. 12 memo to disregard CBA provisions that “excessively interfere with management’s rights” to lay off workers.

Legal challenges in the works. On Mar. 31 the National Treasury Employees Union, which represents 150,000 government employees, sued to block the EO, arguing President Trump overstepped his authority in issuing it. Other federal unions have said they intend to sue over the EO as well.

Trump’s recent actions against unions stand in contrast to the pro-labor message he touted when campaigning for a second term. The president courted Teamsters President Sean O’Brien, who appeared at the Republican convention last July, and union members gave him a competitive edge in battleground states like Pennsylvania and Wisconsin. Labor Secretary Lori Chavez-DeRemer cosponsored the PRO Act, which seeks to strengthen federal labor laws, while in Congress, but hardened her stance on pro-union legislation during her Senate confirmation hearing.

Quick-to-read HR news & insights

From recruiting and retention to company culture and the latest in HR tech, HR Brew delivers up-to-date industry news and tips to help HR pros stay nimble in today’s fast-changing business environment.