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MemoMemorandumTrump 47 · R Quiet signal

Presidential Memorandum

Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt To Constrain the New President

This memorandum blocks federal agencies from approving collective bargaining agreements executed in the 30 days before a presidential transition that create new obligations, make substantive changes, or extend existing agreements. It specifically targets a Department of Education CBA from January 17, 2025, and directs agency heads to disapprove any such pending agreements, with an exemption for law enforcement officer CBAs.

Federal Register Open PDF 90 FR 9581

Impact dates

  1. Agency heads shall promptly disapprove pending CBAs violating requirements

  2. CBAs prohibited in 30 days prior to change in Presidential administrations

Key directives

  • No CBA creating new contractual obligations in 30 days before administration change
  • No CBA making substantive changes to existing agreements in 30-day window
  • No CBA extending duration of existing agreement in 30-day window
  • Agency heads shall promptly disapprove pending CBAs violating subsection (a) if not yet approved under 5 U.S.C. 7114(c)

Who is ordered

Timeline

Immediate

  • Agency heads must disapprove pending CBAs that violate section 2(a) if not yet approved under 5 U.S.C. 7114(c)

Near term (90d)

  • Potential FLRA or court challenges to the memorandum's validity
  • OPM publication in Federal Register

Long term

  • Precedent for limiting end-of-administration labor agreements
  • Potential shift in federal labor-management relations during transitions

Risks & tensions

  • Likely legal challenge from federal employee unions under 5 U.S.C. 7117; severability clause in section 3(c) suggests drafters anticipated FLRA/court invalidation risk
  • Vague 'promptly' deadline for disapproval creates implementation uncertainty
  • Exemption for law enforcement CBAs (section 2(d)) may face equal-protection or arbitrary-and-capricious challenges; severability clause explicitly contingent on this provision
  • Retroactive effect on already-executed but unapproved CBAs may raise due process or contract clause concerns
  • Political framing of predecessor's actions as 'purposefully designed to circumvent the will of the people' may undermine labor-management trust
Presidential Memorandum: Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt To Constrain the New President · Executive Orders