EO 13039Executive OrderClinton · D

Executive Order 13039

Exclusion of the Naval Special Warfare Development Group From the Federal Labor-Management Relations Program

President Clinton signed an executive order excluding the Naval Special Warfare Development Group (DEVGRU/SEAL Team Six) from federal labor-management relations protections, citing its intelligence and national security functions. The order amends a 1979 Carter-era executive order by adding this unit to the list of agencies exempt from collective bargaining rights.

Key directives

  • Amend Executive Order 12171 by adding '(i) Naval Special Warfare Development Group' to section 1-205
  • Exclude DEVGRU from Chapter 71 of title 5 (Federal Labor-Management Relations Program)

Timeline

Immediate

  • Exemption takes effect upon signing (March 11, 1997)
  • DEVGRU removed from Federal Labor-Management Relations Program coverage

Near term (90d)

  • Union representation challenges or litigation possible
  • DOD/ Navy implementation of personnel policy adjustments

Long term

  • Precedent for excluding other special operations or intelligence units from collective bargaining
  • Established framework for national security exemptions in federal labor law

Risks & tensions

  • Limited recourse for affected personnel to challenge working conditions through union channels
  • Potential tension between national security justifications and federal employee rights—text provides no detail on scope of exclusion or appeal mechanisms
  • Classification of 'primary function' is determined unilaterally by Presidential authority; no independent review process stated
Executive Order 13039: Exclusion of the Naval Special Warfare Development Group From the Federal Labor-Management Relations Program · Executive Orders