URGENT UPDATE: The Office of Personnel Management (OPM) has just confirmed that federal agencies must proceed with terminating contracts with employee unions, but clarified that they must not violate existing court orders. This announcement comes as tensions rise between the OPM and labor unions amid ongoing legal challenges to executive orders issued by former President Trump.
According to OPM Director Scott Kupor, a revised memo released on October 3, 2023, instructs agencies to move forward with contract terminations while emphasizing adherence to court mandates that protect union rights. This directive addresses the fallout from two controversial executive orders signed last year, which stripped collective bargaining rights from approximately two-thirds of the federal workforce by citing national security concerns under the 1978 Civil Service Reform Act.
The initial memo had raised alarms within labor circles, as many agencies had already terminated contracts last summer in response to the executive orders. However, several agencies continue to recognize union representation due to legal injunctions. The National Treasury Employees Union (NTEU) has been vocal in its opposition, alerting appellate judges about the OPM’s guidance, which they argue undermines the judicial process.
In a critical statement, Kupor noted, “This guidance does not apply to bargaining units where there is a currently-applicable court order preventing implementation of the executive orders with respect to those units.” This clarification aims to respect judicial rulings while addressing the administrative push for contract terminations.
The NTEU has reported that the template for contract termination, included in Kupor’s memo, asserts that agencies named in the executive orders are “no longer subject to” federal labor laws, complicating the union’s ability to challenge the orders administratively. The union contends that this situation violates their rights and is seeking judicial review to protect their members.
Meanwhile, the Justice Department, in a separate filing to the U.S. Court of Appeals for the D.C. Circuit, maintained that unions retain the right to contest agency filings with the Federal Labor Relations Authority (FLRA). They argue that the executive orders do not eliminate the channels through which unions can challenge their validity.
As this situation unfolds, the implications for federal workers and their unions are profound. With the looming threat of contract terminations and ongoing litigation, the landscape of labor relations within the federal government remains precarious.
WHAT’S NEXT: Agencies are urged to clarify their compliance with court orders while navigating this complex legal terrain. Observers are closely watching how labor unions will respond to these directives and whether further legal action will ensue.
The stakes are high, and the impact on federal employees’ rights could reshape labor relations for years to come. Stay tuned for more updates as this developing story progresses.
