President Tweaks Labor Rules for Secret Government Jobs
Published Date: 4/3/2025
Presidential Document
Summary
The President just updated rules to exclude certain government agencies that handle secret or security work from regular labor-management programs. This means these agencies, like parts of Defense, State, and Health, won’t follow usual labor rules to keep national security tight. These changes start right away and help protect sensitive jobs without affecting government budgets.
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Analyzed Economic Effects
4 provisions identified: 0 benefits, 3 costs, 1 mixed.
Many Agencies Removed From Federal Bargaining
If you work for any of the agencies or subdivisions listed in sections 1-401 through 1-419 and 1-501 through 1-502 of the order (for example: Department of State; much of the Department of Defense; Department of the Treasury except the Bureau of Engraving and Printing; Department of Veterans Affairs; Department of Justice; listed Department of Health and Human Services offices like FDA and CDC; listed Department of Homeland Security offices like USCIS, ICE, Coast Guard, CISA, FEMA; Department of the Interior offices; Department of Energy except FERC; USDA Food Safety and APHIS; EPA; USAID; NRC; NSF; FCC; GSA; and CIO offices), Chapter 71 of title 5 (and, for Foreign Service subdivisions, Subchapter X of Chapter 52 of title 22) cannot be applied in a manner consistent with national security requirements. The order was signed March 27, 2025 and excludes those listed agencies/subdivisions from regular Federal labor-management relations coverage.
DoD and VA Can Restore Bargaining Coverage
The Secretaries of Defense and Veterans Affairs can issue orders to suspend the exclusion and bring subdivisions of their departments back under Chapter 71 coverage, but only if the Secretary certifies to the President that Chapter 71 can be applied consistently with national security and the certification is published in the Federal Register within 15 days of the order (i.e., within 15 days of March 27, 2025).
Transportation Secretary May Exclude DOT/FAA Units
The Secretary of Transportation may issue orders excluding any subdivision of the Department of Transportation, including the Federal Aviation Administration, from Chapter 71 coverage, and may suspend coverage for any DOT installation or activity located outside the 50 States and the District of Columbia. The Secretary must publish such determinations in the Federal Register when made.
Reassignments and Termination of Grievances After Exclusion
For employees who were previously in bargaining units but are now excepted under this order, when the applicable collective bargaining agreement ends the agency must reassign any employees who performed non-agency business so they perform only agency business, and the agency must terminate participation in pending grievance proceedings, exceptions to arbitral awards, or unfair labor practice proceedings that involve those employees.
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