Exclusions From the Federal Labor-management Relations Program

This executive order excludes specific intelligence, counterintelligence, investigative, and national security subdivisions within five cabinet departments (Energy, Homeland Security, Justice, Transportation, and Treasury) from coverage under the Federal Labor-Management Relations Program. It amends Executive Order 12171 to update these exemptions, reflecting post-9/11 reorganizations and restructuring of these agencies.

Federal Register Open PDF 73 FR 73991

Key directives

Determine that specified subdivisions of DOE, DHS, DOJ, DOT, and Treasury have intelligence/counterintelligence/investigative/national security as primary function
Determine that chapter 71 of title 5 cannot be applied consistent with national security requirements
Amend EO 12171 section 1-210 to list DOE excluded subdivisions: NNSA, Office of Intelligence, Office of Counterintelligence, Office of Intelligence and Counterintelligence, Savannah River Operations Office
Amend EO 12171 section 1-214 to list DHS excluded subdivisions across multiple components including Coast Guard, ICE, TSA, CBP, and FEMA
Amend EO 12171 section 1-209 to add DOJ National Security Division and Bureau of ATF
Amend EO 12171 section 1-213 to specify FAA National Security Coordination Division
Amend EO 12171 section 1-203 to list Treasury excluded subdivisions: OTFI, FinCEN, IRS-CI, and TTB Trade Analysis and Enforcement Division

Timeline

Immediate

EO takes effect upon signing; excluded subdivisions lose collective bargaining coverage under chapter 71 of title 5

Near term (90d)

Agency implementation of exclusion notices and labor relations adjustments

Long term

Permanent removal of specified units from federal labor-management relations; potential union decertification proceedings; lasting precedent for national security exemptions

Risks & tensions

Removes collective bargaining rights from thousands of federal workers without individual due process review
Broad 'national security' determination may be contested by unions; no independent verification mechanism specified
DHS exclusions are extensive and span multiple sub-agencies, raising questions about scope creep of exemption authority
IRS Criminal Investigation exclusion removes labor protections from tax law enforcement personnel
FEMA continuity-of-operations exclusions could affect emergency response worker protections during crises
EO contains standard disclaimer preventing judicial enforcement (Section 7)