Exclusions From Federal Labor-management Relations Programs

Authority: The President issues the order under the Constitution and U.S. laws to enhance national security.

Agencies Involved:

• Section 2 agencies are primarily focused on intelligence, counterintelligence, investigative, or national security work and are exempt from Chapter 71 of title 5 regarding labor-management relations.
• Section 3 subdivisions also focus on similar functions and are exempt from Subchapter X of Chapter 52 of title 22.

Amendments to Executive Order 12171:

• Changes include updates on which departments and subdivisions are involved in national security work.

Departments and Subdivisions Listed:

• Department of State, Department of Defense, Department of the Treasury, Department of Veterans Affairs, Department of Justice, among others, are defined as having a primary function related to national security.
• Specific subdivisions within agencies like the Department of Health and Human Services, Department of Homeland Security, Department of Interior, and others are also detailed.

Suspension Authority:

• Secretaries of Defense and Veterans Affairs can suspend application of certain executive order sections if consistent with national security.

Transportation Sector:

• The Secretary of Transportation is given authority to exclude subdivisions from coverage under federal labor-management statutes for operational flexibility.

Termination Measures:

• Agencies must reassign employees previously in bargaining units to agency-related duties and withdraw from any ongoing grievance proceedings once collective bargaining agreements terminate.

Reporting Requirement:

• Agency heads must report any subdivisions not covered by the order but engaged in national security work within 30 days.

General Provisions:

• The order does not alter existing legal authorities of departments or the functions of the Office of Management and Budget.
• The order does not create enforceable rights against the U.S. or its entities.