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EO 14251Executive OrderTrump 47 · R Quiet signal

Executive Order 14251

Exclusions From Federal Labor-Management Relations Programs

This executive order excludes numerous federal agencies and subdivisions from federal labor-management relations statutes, amending EO 12171 to remove collective bargaining coverage from major departments including State, Defense, Treasury, Veterans Affairs, Justice, Homeland Security, and others. It also delegates authority to the Secretaries of Defense, Veterans Affairs, and Transportation to suspend labor relations coverage for their subdivisions, requires termination of grievance proceedings for affected employees, and mandates a 30-day agency review for additional exclusions.

Federal Register Open PDF 90 FR 14553

Impact dates

  1. Agency heads must submit reports identifying additional subdivisions for potential exclusion

  2. Secretaries of Defense/Veterans Affairs must submit certifications to President and Federal Register to suspend exclusions for subdivisions

Key directives

  • Exclude listed agencies/subdivisions from Chapter 71 of title 5 and Subchapter X of Chapter 52 of title 22 labor relations coverage
  • Amend EO 12171 to add sections 1-4 and 1-5 with specific agency exclusions
  • Delegate authority to Secretaries of Defense and Veterans Affairs to suspend exclusions for their subdivisions upon presidential certification published in Federal Register
  • Delegate authority to Secretary of Transportation to exclude DOT subdivisions or suspend labor law for overseas installations
  • Require agency heads to reassign union-business employees to agency business upon termination of collective bargaining agreements
  • Terminate pending grievance, arbitration, and unfair labor practice proceedings involving affected employees
  • Require agency heads to submit report within 30 days identifying additional subdivisions for potential exclusion

Who is ordered

Timeline

Immediate

  • EO takes effect; covered agencies and subdivisions excluded from Chapter 71 of title 5 and Subchapter X of Chapter 52 of title 22
  • Collective bargaining agreements for affected employees to terminate; agency heads must reassign union business employees to agency business and terminate pending grievance/arbitration/unfair labor practice proceedings

Near term (90d)

  • Secretaries of Defense and Veterans Affairs must submit certifications to President and Federal Register within 15 days if suspending exclusions for any subdivisions (deadline: April 11, 2025)
  • Agency heads must submit reports identifying additional subdivisions for potential exclusion within 30 days (deadline: April 26, 2025)
  • Secretary of Transportation may issue Federal Register determinations excluding DOT subdivisions or suspending labor law provisions for overseas installations

Long term

  • Potential expansion of exclusions based on 30-day agency review reports
  • Structural weakening of federal employee union representation across national security-related agencies
  • Possible precedent for further labor-management relations rollbacks in federal workforce

Risks & tensions

  • Significant expansion of executive power over federal labor relations without congressional action
  • Likely legal challenges from federal employee unions under Administrative Procedure Act and potentially First Amendment/Fifth Amendment claims
  • Vague 'national security' rationale may be challenged as pretextual given breadth of exclusions including EPA, NSF, FCC, USAID
  • Delegation to Transportation Secretary without further-delegation restriction concentrates power but may face statutory limits
  • Conflict with FLRA precedent and potential violation of 5 U.S.C. 7103(b) requirements for individualized determinations
  • Massive workforce disruption as collective bargaining agreements terminate and grievance proceedings halt mid-process
Executive Order 14251: Exclusions From Federal Labor-Management Relations Programs · Executive Orders