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OPM clarifies that agencies should not violate court orders to terminate union contracts
OPM revised recent memo calling for the application of two executive orders to include language clarifying that agencies subject to a court order preventing their implementation of the anti-union edicts should continue to abide by the judges’ decisions.
Michael A. McCoy / For The Washington Post / Getty Images
The Office of Personnel Management clarified this week that a recent memo instructing agencies to push forward with the termination contracts with federal employee unions was not intended to encourage violating court orders blocking two executive orders excising labor from much of the federal government.
Last year, President Trump signed a pair of executive orders citing a seldom-used provision of the 1978 Civil Service Reform Act to ban unions at most agencies under the auspices of national security, effectively stripping two-thirds of the federal workforce of their collective bargaining rights. Though most agencies implicated in the two edicts terminated their contracts last summer, a smattering of agencies still recognize their workforces’ labor representatives due to court orders temporarily barring the orders’ implementation.
OPM directs agencies to move forward with ending collective bargaining
Amid ongoing legal action, a new OPM memo tells agencies to proceed with ending collective bargaining agreements with federal unions under orders from Trump.
The Trump administration is telling most agencies to proceed with terminating their collective bargaining agreements and derecognizing their federal unions in response to a pair of 2025 executive orders, despite ongoing litigation.
In a memo issued Thursday, Office of Personnel Management Director Scott Kupor advised all agencies covered by President Donald Trump’s orders to move forward with either amending or fully canceling their collective bargaining agreements. The president’s orders last year directed a majority of agencies to cancel their union contracts, citing “national security” concerns.
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Ringing the alarm
Last spring, the Trump administration issued an executive order canceling collective bargaining rights for 700,000 to 1,000,000 workers employed by the federal government. A fact sheet accompanying the executive order made its intent clear: “The president will not tolerate mass obstruction that jeopardizes his ability to manage agencies with vital national security missions.” According to historian Joseph McCartin, it’s the most significant act of union busting in U. S. history.
As Senator Jeff Merkley has been warning, this unprecedented move comes straight out of the “authoritarian playbook” and should trigger alarm bells within the house of labor. It represents a classic example of how authoritarian governments and dictatorial leaders operate. They seek to maintain unchecked power and control by discouraging or silencing voices that might question their policies.
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