Limiting Lame-duck Collective Bargaining Agreements That Improperly Attempt to Constrain the New President
Honest Title:
Restricting Union Rights in Transition
Constitutional Risk:
6
Signed by: Donald J. Trump
Signed: 1/31/2025
Last Updated: 2/8/2025
Executive Order
Summary
This order limits new collective bargaining agreements (CBAs) made in the 30 days before a new president's inauguration. It stops agencies from making new contracts, changing existing ones, or extending durations, except for law enforcement. CBAs made within this window will not be approved.
Updates
Executive Order: Limiting Lame-Duck Collective Bargaining Agreements - Updates as of February 7, 2025
- Executive Order Issued: On January 31, 2025, an executive order was enacted to limit the impact of collective bargaining agreements (CBAs) finalized in the 30 days prior to a new presidential inauguration. The stated purpose is to prevent "lame-duck" agreements that could constrain the incoming administration.
- Scope of Restrictions: The order prohibits executive departments and agencies from finalizing CBAs in the 30 days before a presidential transition if these agreements:
- Create new contractual obligations.
- Make substantive changes to existing agreements.
- Extend the duration of existing agreements.
- Enforcement Mechanism: Agency heads are directed to disapprove any agreements found to be in violation of these restrictions.
- Law Enforcement Exemption: CBAs primarily covering law enforcement officers are specifically exempted from the executive order's restrictions.
- Key Concerns Identified: As of February 7, 2025, several potential issues and concerns have been raised regarding the executive order:
- Presidential Authority vs. Collective Bargaining Rights: Questions arise about the balance between presidential power and the legally protected collective bargaining rights of federal employees.
- Impact on Existing Agreements: Directives to disapprove already executed agreements are concerning due to potential circumvention of legal processes and disregard for contractual obligations.
- Ambiguity of "Substantive Changes": The lack of a clear definition for "substantive changes" in CBAs introduces ambiguity, potentially leading to inconsistent application and hindering fair labor negotiations.
- Potential for Disruption: The order could disrupt government operations and negatively impact federal employee morale by creating uncertainty and instability in labor relations.
- Equal Treatment Questions: The selective exemption for law enforcement CBAs raises questions regarding fairness and equal treatment across different categories of federal employees.