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Trump moves to cut union bargaining for DoD feds
Management
Trump moves to cut union bargaining for DoD feds
Jessie Bur | 23 hours ago
President Donald Trump plans to make it possible for Department of Defense leadership to exempt certain federal employees from statutory requirements that allow them to collectively bargain for benefits with agency officials.
Trump issued a memo Jan. 29 that was published in the Federal Register on Feb. 21, delegating authority to the defense secretary to determine whether any DoD agency or subcomponent would need flexibility or agility that merits removing collective bargaining protections.
“This flexibility requires that military and civilian leadership manage their organizations to cultivate a lethal, agile force adaptive to new technologies and posture changes,” Trump wrote. “Where collective bargaining is incompatible with these organizations’ missions, the Department of Defense should not be forced to sacrifice its national security mission and, instead, seek relief through third parties and administrative fora.”
Officially, the president has the right to exclude any agency or subdivision from collective bargaining coverage under U.S. code if the agency performs intelligence, counterintelligence, investigation or national security work as its primary function. The president must also determine that the collective bargaining requirements could not be applied in a manner that allows for those considerations of national security.
Presidents Ronald Regan, George W. Bush and Barack Obama each issued executive orders using that authority to exempt specific DoD and Department of Justice employees from coverage under the Federal Service Labor-Management Relations Program, but none of these actions delegated the determining authority from the president to an agency head.
{snip}
Defense News reporter Joe Gould contributed to this report.
Trump moves to cut union bargaining for DoD feds
Jessie Bur | 23 hours ago
President Donald Trump plans to make it possible for Department of Defense leadership to exempt certain federal employees from statutory requirements that allow them to collectively bargain for benefits with agency officials.
Trump issued a memo Jan. 29 that was published in the Federal Register on Feb. 21, delegating authority to the defense secretary to determine whether any DoD agency or subcomponent would need flexibility or agility that merits removing collective bargaining protections.
“This flexibility requires that military and civilian leadership manage their organizations to cultivate a lethal, agile force adaptive to new technologies and posture changes,” Trump wrote. “Where collective bargaining is incompatible with these organizations’ missions, the Department of Defense should not be forced to sacrifice its national security mission and, instead, seek relief through third parties and administrative fora.”
Officially, the president has the right to exclude any agency or subdivision from collective bargaining coverage under U.S. code if the agency performs intelligence, counterintelligence, investigation or national security work as its primary function. The president must also determine that the collective bargaining requirements could not be applied in a manner that allows for those considerations of national security.
Presidents Ronald Regan, George W. Bush and Barack Obama each issued executive orders using that authority to exempt specific DoD and Department of Justice employees from coverage under the Federal Service Labor-Management Relations Program, but none of these actions delegated the determining authority from the president to an agency head.
{snip}
Defense News reporter Joe Gould contributed to this report.
Delegation of Certain Authority Under the Federal Service Labor-Management Relations Statute
A Presidential Document by the Executive Office of the President on 02/21/2020
Memorandum of January 29, 2020
Delegation of Certain Authority Under the Federal Service Labor-Management Relations Statute
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. Policy. The national security interests of the United States require expedient and efficient decisionmaking. When new missions emerge or existing ones evolve, the Department of Defense requires maximum flexibility to respond to threats to carry out its mission of protecting the American people. This flexibility requires that military and civilian leadership manage their organizations to cultivate a lethal, agile force adaptive to new technologies and posture changes. Where collective bargaining is incompatible with these organizations' missions, the Department of Defense should not be forced to sacrifice its national security mission and, instead, seek relief through third parties and administrative fora.
Sec. 2. Delegation of Authority to the Secretary of Defense. (a) The Secretary of Defense (Secretary) is delegated authority under 5 U.S.C. 7103(b)(1) and 7103(b)(2) to issue orders excluding Department of Defense agencies or subdivisions thereof from Federal Service Labor-Management Relations Statute coverage. The Secretary is authorized to further delegate this authority to any official of the Department of Defense appointed by the President with the advice and consent of the Senate.
(b) When making the determination required by 5 U.S.C. 7103(b)(1) or 7103(b)(2), the Secretary or other official delegated this authority pursuant to subsection (a) of this section shall publish this determination in the Federal Register.
(c) Any official to whom the Secretary of Defense delegates the authority pursuant to subsection (a) of this section may not further delegate this authority.
(d) For purposes of this memorandum, the term “Department of Defense agencies or subdivisions” includes without limitation the military departments.
Sec. 3. General Provisions. (a) Nothing in this memorandum 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 memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
Start Printed Page 10034
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
You are authorized and directed to publish this memorandum in the Federal Register.
? THE WHITE HOUSE, Washington, January 29, 2020 Filed 2-20-20; 8:45 am]
[FR Doc. 2020-03578
Billing code 5001-06-P
A Presidential Document by the Executive Office of the President on 02/21/2020
Memorandum of January 29, 2020
Delegation of Certain Authority Under the Federal Service Labor-Management Relations Statute
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. Policy. The national security interests of the United States require expedient and efficient decisionmaking. When new missions emerge or existing ones evolve, the Department of Defense requires maximum flexibility to respond to threats to carry out its mission of protecting the American people. This flexibility requires that military and civilian leadership manage their organizations to cultivate a lethal, agile force adaptive to new technologies and posture changes. Where collective bargaining is incompatible with these organizations' missions, the Department of Defense should not be forced to sacrifice its national security mission and, instead, seek relief through third parties and administrative fora.
Sec. 2. Delegation of Authority to the Secretary of Defense. (a) The Secretary of Defense (Secretary) is delegated authority under 5 U.S.C. 7103(b)(1) and 7103(b)(2) to issue orders excluding Department of Defense agencies or subdivisions thereof from Federal Service Labor-Management Relations Statute coverage. The Secretary is authorized to further delegate this authority to any official of the Department of Defense appointed by the President with the advice and consent of the Senate.
(b) When making the determination required by 5 U.S.C. 7103(b)(1) or 7103(b)(2), the Secretary or other official delegated this authority pursuant to subsection (a) of this section shall publish this determination in the Federal Register.
(c) Any official to whom the Secretary of Defense delegates the authority pursuant to subsection (a) of this section may not further delegate this authority.
(d) For purposes of this memorandum, the term “Department of Defense agencies or subdivisions” includes without limitation the military departments.
Sec. 3. General Provisions. (a) Nothing in this memorandum 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 memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
Start Printed Page 10034
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
You are authorized and directed to publish this memorandum in the Federal Register.
? THE WHITE HOUSE, Washington, January 29, 2020 Filed 2-20-20; 8:45 am]
[FR Doc. 2020-03578
Billing code 5001-06-P
