Exclusions From the Federal Labor-Management Relations Program

This executive order updates exemptions from federal labor-management relations rules (collective bargaining coverage) for numerous Defense Department intelligence, counterintelligence, investigative, and national security agencies and subdivisions. It amends a 1979 executive order to reflect reorganizations and add new entities including cyber commands, special operations units, and intelligence agencies.

Federal Register Open PDF 82 FR 5325

Impact dates

Jan 12, 2017
Executive order takes effect

Key directives

Determine that listed DOD agencies/subdivisions have intelligence, counterintelligence, investigative, or national security as primary function
Determine that chapter 71 of title 5, US Code cannot be applied consistent with national security requirements
Amend Executive Order 12171 sections 1-204 through 1-208, 1-212, 1-215, 1-216 and add new sections 1-217 through 1-224

Timeline

Immediate

EO takes effect upon signing; listed DOD subdivisions immediately excluded from Federal Labor-Management Relations Program coverage

Near term (90d)

Agencies adjust labor relations policies and practices to reflect exclusions; union representation changes for affected units

Long term

Persistent exclusion of growing cyber, intelligence, and special operations workforce from collective bargaining; potential precedent for future security-based exemptions

Risks & tensions

Removes collective bargaining rights for substantial and growing segments of DOD workforce; may face union legal challenges despite national security justification
Expands exemptions to cyber commands and new intelligence entities not previously covered, reflecting evolving national security priorities
Vague on implementation specifics—relies on agencies to operationalize exclusions