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Executive Order 14251
Exclusions From Federal Labor-Management Relations Programs
Signed March 27, 2025, printed at 90 FR 14553. 7 sections of substance, 1,879 words.
This order takes union rights from staff at many agencies. It says their work touches safety.
Sec. 1. Determinations
(a) The agencies and agency subdivisions set forth in section 2 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Chapter 71 of title 5, United States Code, cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations. (b) The agency subdivisions set forth in section 3 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Subchapter X of Chapter 52 of title 22, United States Code, cannot be applied to these subdivisions in a manner consistent with national security requirements and considerations.
(a) The agencies and agency subdivisions set forth in section 2 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Chapter 71 of title 5, United States Code, cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations. (b) The agency subdivisions set forth in section 3 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Subchapter X of Chapter 52 of title 22, United States Code, cannot be applied to these subdivisions in a manner consistent with national security requirements and considerations.
This makes two findings. It says the bodies named later do security work. That covers spying, counter spying and investigation. It says a federal union law cannot apply to them. It says the same of a law covering the Foreign Service. Both findings rest on security needs.
Sec. 2. Additional National Security Exclusions
Executive Order 12171 of November 19, 1979, as amended, is further amended by: (a) In section 1-101, adding ``and Section 1-4'' after ``Section 1-2'' in both places that term appears. (b) Adding after section 1-3 a new section 1-4 that reads: ``1-4. Additional Exclusions. 1-401. The Department of State. 1-402. The Department of Defense, except for any subdivisions excluded pursuant to section 4 of the Executive Order of March 27, 2025, entitled `Exclusions from Federal Labor-Management Relations Programs.' 1-403. The Department of the Treasury, except the Bureau of Engraving and Printing. 1-404. The Department of Veterans Affairs. 1-405. The Department of Justice. 1-406. Agencies or subdivisions of the Department of Health and Human Services: (a) Office of the Secretary. (b) Food and Drug Administration. (c) Centers for Disease Control and Prevention. (d) Administration for Strategic
Executive Order 12171 of November 19, 1979, as amended, is further amended by: (a) In section 1-101, adding ``and Section 1-4'' after ``Section 1-2'' in both places that term appears. (b) Adding after section 1-3 a new section 1-4 that reads: ``1-4. Additional Exclusions. 1-401. The Department of State. 1-402. The Department of Defense, except for any subdivisions excluded pursuant to section 4 of the Executive Order of March 27, 2025, entitled `Exclusions from Federal Labor-Management Relations Programs.' 1-403. The Department of the Treasury, except the Bureau of Engraving and Printing. 1-404. The Department of Veterans Affairs. 1-405. The Department of Justice. 1-406. Agencies or subdivisions of the Department of Health and Human Services: (a) Office of the Secretary. (b) Food and Drug Administration. (c) Centers for Disease Control and Prevention. (d) Administration for Strategic
This edits a 1979 order. It adds a new list of excluded bodies. State, Defense and Justice are named. Treasury is added, apart from its printing bureau. Veterans Affairs is on the list. Several health agencies are named. The FDA and the CDC are among them.
Sec. 3. Foreign Service Exclusions
Executive Order 12171, as amended, is further amended by: (a) In the first paragraph: (i) adding ``and Section 4103(b) of Title 22,'' after ``Title 5''; and (ii) adding ``and Subchapter X of Chapter 52 of Title 22'' after ``Relations Program.'' (b) Adding after section 1-102 a new section 1-103 that reads: ``1-103. The Department subdivisions set forth in section 1-5 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Subchapter X of Chapter 52 of title 22, United States Code, cannot be applied to those subdivisions in a manner consistent with national security requirements and considerations. The subdivisions set forth in section 1-5 of this order are hereby excluded from coverage under Subchapter X of Chapter 52 of title 22, United States Code.'' (c) Adding
Executive Order 12171, as amended, is further amended by: (a) In the first paragraph: (i) adding ``and Section 4103(b) of Title 22,'' after ``Title 5''; and (ii) adding ``and Subchapter X of Chapter 52 of Title 22'' after ``Relations Program.'' (b) Adding after section 1-102 a new section 1-103 that reads: ``1-103. The Department subdivisions set forth in section 1-5 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Subchapter X of Chapter 52 of title 22, United States Code, cannot be applied to those subdivisions in a manner consistent with national security requirements and considerations. The subdivisions set forth in section 1-5 of this order are hereby excluded from coverage under Subchapter X of Chapter 52 of title 22, United States Code.'' (c) Adding
This adds the Foreign Service. It edits the same 1979 order. Named units are found to do security work. A federal law on their labor rules cannot apply. Those units are excluded from that law. The wording of the order is changed to match.
Sec. 4.
Delegation of Authority to the Secretaries of Defense and Veterans Affairs. (a) Subject to the requirements of subsection (b) of this section, the Secretaries of Defense and Veterans Affairs are delegated authority under 5 U.S.C. 7103(b)(1) to issue orders suspending the application of section 1-402 or 1-404 of Executive Order 12171, as amended, to any subdivisions of the departments they supervise, thereby bringing such subdivisions under the coverage of the Federal Service Labor-Management Relations Statute. (b) An order described in subsection (a) of this section shall only be effective if: [[Page 14556]] (i) the applicable Secretary certifies to the President that the provisions of the Federal Service Labor-Management Relations Statute can be applied to such subdivision in a manner consistent with national security requirements and considerations; and (ii) such certification is
Delegation of Authority to the Secretaries of Defense and Veterans Affairs. (a) Subject to the requirements of subsection (b) of this section, the Secretaries of Defense and Veterans Affairs are delegated authority under 5 U.S.C. 7103(b)(1) to issue orders suspending the application of section 1-402 or 1-404 of Executive Order 12171, as amended, to any subdivisions of the departments they supervise, thereby bringing such subdivisions under the coverage of the Federal Service Labor-Management Relations Statute. (b) An order described in subsection (a) of this section shall only be effective if: [[Page 14556]] (i) the applicable Secretary certifies to the President that the provisions of the Federal Service Labor-Management Relations Statute can be applied to such subdivision in a manner consistent with national security requirements and considerations; and (ii) such certification is
This gives two secretaries a choice. Defense and Veterans Affairs may bring units back under union law. They do that by written order. Such an order counts only if two things hold. The secretary must say union law can apply safely. That paper must go to the President.
Sec. 5. Delegation of Authority to the Secretary of Transportation
(a) The national security interests of the United States in ensuring the safety and integrity of the national transportation system require that the Secretary of Transportation have maximum flexibility to cultivate an efficient workforce at the Department of Transportation that is adaptive to new technologies and innovation. Where collective bargaining is incompatible with that mission, the Department of Transportation should not be forced to seek relief through grievances, arbitrations, or administrative proceedings. (b) The Secretary of Transportation is therefore delegated authority under section 7103(b) of title 5, United States Code, to issue orders excluding any subdivision of the Department of Transportation, including the Federal Aviation Administration, from Federal Service Labor-Management Relations Statute coverage or suspending any provision of that law with respect to any
(a) The national security interests of the United States in ensuring the safety and integrity of the national transportation system require that the Secretary of Transportation have maximum flexibility to cultivate an efficient workforce at the Department of Transportation that is adaptive to new technologies and innovation. Where collective bargaining is incompatible with that mission, the Department of Transportation should not be forced to seek relief through grievances, arbitrations, or administrative proceedings. (b) The Secretary of Transportation is therefore delegated authority under section 7103(b) of title 5, United States Code, to issue orders excluding any subdivision of the Department of Transportation, including the Federal Aviation Administration, from Federal Service Labor-Management Relations Statute coverage or suspending any provision of that law with respect to any
This is about the Transportation Department. It says safe transport needs a flexible workforce. It says bargaining can get in the way. The Secretary may exclude any unit of the department. The air safety agency is named. He may also suspend parts of the union law there.
Sec. 6. Implementation
With respect to employees in agencies or subdivisions thereof that were previously part of a bargaining unit but have been excepted under this order, each applicable agency head shall, upon termination of the applicable collective bargaining agreement: (a) reassign any such employees who performed non- agency business pursuant to section 7131 of title 5 or section 4116 of title 22, United States Code, to performing solely agency business; and (b) terminate agency participation in any pending grievance proceedings under section 7121 of title 5, United States Code, exceptions to arbitral awards under section 7122 of title 5, United States Code, or unfair labor practice proceedings under section 7118 of title 5 or section 4116 of title 22, United States Code, that involve such employees.
With respect to employees in agencies or subdivisions thereof that were previously part of a bargaining unit but have been excepted under this order, each applicable agency head shall, upon termination of the applicable collective bargaining agreement: (a) reassign any such employees who performed non- agency business pursuant to section 7131 of title 5 or section 4116 of title 22, United States Code, to performing solely agency business; and (b) terminate agency participation in any pending grievance proceedings under section 7121 of title 5, United States Code, exceptions to arbitral awards under section 7122 of title 5, United States Code, or unfair labor practice proceedings under section 7118 of title 5 or section 4116 of title 22, United States Code, that involve such employees.
This is about staff in the excluded units. It applies once a union contract ends. Staff doing union work return to agency work. The agency drops out of pending grievance cases. It drops out of arbitration appeals. It also drops out of unfair labor practice cases.
Sec. 7. Additional Review
Within 30 days of the date of this order, the head of each agency with employees covered by Chapter 71 of title 5, United States Code, shall submit a report to the President that identifies any agency subdivisions not covered by Executive Order 12171, as amended: (a) that have as a primary function intelligence, counterintelligence, investigative, or national security work, applying the definition of ``national security'' set forth by the Federal Labor Relations Authority in Department of Energy, Oak Ridge Operations, and National Association of Government Employees Local R5-181, 4 FLRA 644 (1980); and (b) for which the agency head believes the provisions of Chapter 71 of title 5, United States Code, cannot be applied to such subdivision in a manner consistent with national security requirements and considerations, and the reasons therefore.
Within 30 days of the date of this order, the head of each agency with employees covered by Chapter 71 of title 5, United States Code, shall submit a report to the President that identifies any agency subdivisions not covered by Executive Order 12171, as amended: (a) that have as a primary function intelligence, counterintelligence, investigative, or national security work, applying the definition of ``national security'' set forth by the Federal Labor Relations Authority in Department of Energy, Oak Ridge Operations, and National Association of Government Employees Local R5-181, 4 FLRA 644 (1980); and (b) for which the agency head believes the provisions of Chapter 71 of title 5, United States Code, cannot be applied to such subdivision in a manner consistent with national security requirements and considerations, and the reasons therefore.
This asks for a report in 30 days. Each agency head must name more units to exclude. The test is whether they do security work. A 1980 labor board ruling defines that term. The head must also explain why union law cannot apply. Those reasons go to the President.
Sec. 8. General Provisions
Every order carries this. It is not what the order does.
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party [[Page 14557]] against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, March 27, 2025. [FR Doc. 2025-05836 Filed 4-2-25; 8:45 am] Billing code 3395-F4-P </pre></body> </html>
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party [[Page 14557]] against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, March 27, 2025. [FR Doc. 2025-05836 Filed 4-2-25; 8:45 am] Billing code 3395-F4-P </pre></body> </html>
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
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