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EO 13837Executive OrderTrump 45 · R Quiet signal

Executive Order 13837

Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use

This executive order restricts federal employees' use of "official time" (taxpayer-funded union time) by capping union time rates at 1 hour per employee annually, requiring advance written authorization for union activities, limiting non-agency business to one-quarter of paid time, and mandating public reporting of union time usage. It also prohibits using union time for most grievances, lobbying, or political activities, and bars free or discounted government resources for union purposes.

Federal Register Open PDF 83 FR 25335

Impact dates

  1. Subsequent OPM annual reports published by June 30 each year

  2. First OPM annual report published (covering FY2019)

  3. Agencies develop and implement union time authorization procedures

  4. Agencies develop and implement monitoring systems for union time use

  5. OPM Director publishes standardized form for agency reports

  6. Section 4 requirements become effective (45 days from signing)

  7. OPM Director completes review of existing regulations for consistency

  8. Agency heads report designated implementation official to OPM

  9. Agency head report to President via OPM Director for >1 hour rate agreements/proposals

Key directives

  • Cap union time rate at 1 hour per bargaining unit employee annually (presumptive standard)
  • Require agency head non-delegable report to President via OPM Director within 15 days for any agreement/proposal exceeding 1-hour rate
  • Require 5-business-day advance notice to agency head before subordinates present/accept >1 hour rate proposals
  • Employees must spend at least 75% of paid time on agency business or necessary training
  • Employees may not use union time without advance written authorization (effective when agency implements section 5(b) procedure)
  • Prohibit union time for grievance preparation/pursuit (with limited whistleblower/self-representation exceptions)
  • Prohibit free/discounted government property for union use unless equally available to non-federal organizations
  • Prohibit expense reimbursement for non-agency business unless required by law
  • Agencies must develop authorization procedures within 180 days specifying hours and purposes
  • Agencies must implement monitoring systems within 180 days
  • Annual agency reports to OPM on union time purposes, employee compensation, property use, and expenses
  • OPM annual public report due June 30, first report by June 30, 2020 covering FY2019

Who is ordered

Timeline

Immediate

  • EO issuance and general policy direction
  • designation of implementation official due in 30 days

Near term (90d)

  • Section 4 requirements effective 45 days from signing (July 9, 2018)
  • OPM review of regulations within 45 days
  • Agency implementation within 45 days
  • Agency procedures for union time authorization due within 180 days
  • Agency monitoring systems due within 180 days
  • OPM standardized reporting form due within 180 days

Long term

  • Annual OPM reports published by June 30 each year starting June 30, 2020 (covering FY2019)
  • Collective bargaining agreement renegotiations to bring contracts into compliance
  • Ongoing public disclosure of union time usage data

Risks & tensions

  • Legal challenge risk: EO may conflict with 5 U.S.C. § 7131 statutory framework for official time; courts may find presidential directive exceeds executive authority over collective bargaining
  • Ambiguity in 'reasonable, necessary, and in the public interest' standard creates enforcement uncertainty
  • Section 4(a)(ii) 75% agency business requirement could functionally eliminate full-time union representatives in some units, though section 4(a)(ii)(2) preserves 7131(a)/(c) time
  • 'As soon as practicable' language in sections 5(b), 5(c), and 8(b) introduces implementation flexibility that may delay compliance
  • Conflict with existing collective bargaining agreements: section 9(a) preserves CBAs but section 8(b) requires renegotiation, creating tension with contractual obligations
  • Whistleblower exception in section 4(a)(v)(2)(B) uses broad 'similar whistleblower law' language with undefined scope
Executive Order 13837: Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use · Executive Orders