UPDATE: The Office of Personnel Management (OPM) has issued urgent clarifications regarding agency actions on union contracts, emphasizing that agencies must not violate court orders protecting federal employee unions. This comes as tensions escalate following a recent memo directing agencies to move forward with the termination of collective bargaining agreements.
In a significant move, OPM Director Scott Kupor confirmed that while many agencies have already terminated their contracts in response to two controversial executive orders signed by President Trump last year, some agencies are still bound by court orders that temporarily block these actions. The executive orders, which invoke a rarely used provision of the 1978 Civil Service Reform Act, aim to limit union influence over much of the federal workforce, impacting approximately two-thirds of federal employees’ bargaining rights.
The memo issued last week ignited backlash from labor unions, particularly the National Treasury Employees Union (NTEU), which alerted appellate judges to the potential legal violations. The NTEU has been vocal against the executive orders, arguing that they undermine established labor rights and protections.
In response to the outcry, OPM revised its memo on October 24, 2023, stating emphatically that “this guidance does not apply to bargaining units where there is a currently-applicable court order preventing implementation of the executive orders.” This clarification is crucial for agencies that may have considered moving forward despite existing legal protections for their unions.
As the situation develops, the NTEU has raised concerns about the implications of Kupor’s guidance regarding the filing of decertification petitions with the Federal Labor Relations Authority (FLRA). In its recent filings, the union noted that the accompanying template termination document suggests that certain agencies may not be subject to federal labor law, a claim they are prepared to challenge in court.
Legal experts anticipate that the ongoing litigation will shape the future of union rights within federal agencies. The U.S. Court of Appeals for the D.C. Circuit is expected to hear arguments from the Justice Department, which maintains that unions retain the right to contest any actions taken by agencies under the executive orders.
The OPM’s guidance, while clarifying the need to respect court orders, continues to assert the lawfulness of the executive orders, prompting concerns about the administration’s commitment to labor rights. As the unions prepare for a legal battle, the impact on federal employees’ rights hangs in the balance.
What’s Next: The NTEU and other labor representatives are gearing up for further legal challenges, and stakeholders are closely monitoring how federal agencies respond to the OPM’s latest directives. As the situation unfolds, the implications for federal labor relations could be significant, affecting thousands of workers nationwide.
Stay tuned for updates as this developing story progresses.
