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MemoMemorandumTrump 45 · R Quiet signal

Presidential Memorandum

Delegation of Certain Authority Under the Federal Service Labor-Management Relations Statute

This memorandum delegates presidential authority to the Secretary of Defense to exclude DOD agencies and subdivisions from federal labor-management collective bargaining coverage under the Federal Service Labor-Management Relations Statute (5 U.S.C. 7103(b)), when the Secretary determines such bargaining is incompatible with national security missions. The authority may be further delegated to Senate-confirmed DOD officials but no further, with required Federal Register publication of any exclusions.

Federal Register Open PDF 85 FR 10033

Impact dates

  1. Federal Register publication of memorandum

Key directives

  • Delegate authority under 5 U.S.C. 7103(b)(1) and 7103(b)(2) to Secretary of Defense to exclude DOD agencies from FLRA coverage
  • Authorize Secretary to further delegate to Senate-confirmed DOD officials only
  • Require Federal Register publication of exclusion determinations
  • Prohibit further redelegation below Senate-confirmed official level
  • Direct publication of memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon memorandum signing
  • Secretary of Defense may begin issuing exclusion orders

Near term (90d)

  • Potential Federal Register publications of exclusion determinations
  • Possible further delegation to Senate-confirmed DOD officials

Long term

  • Structural weakening of collective bargaining rights across DOD components
  • Potential expansion of excluded DOD workforce segments
  • Precedent for executive branch circumvention of labor statutes

Risks & tensions

  • Erosion of federal employee collective bargaining rights under national security rationale
  • Vague standard for 'incompatible with mission' creates uncertainty and potential overreach
  • Centralization of labor exclusion authority in political appointees rather than independent FLRA
  • Tension between 5 U.S.C. 7103(b) statutory criteria and delegated political discretion
  • No procedural requirements for affected employee input before exclusion determinations
Presidential Memorandum: Delegation of Certain Authority Under the Federal Service Labor-Management Relations Statute · Executive Orders