AFGE: Agencies Must Bargain EO Changes with Union

AFGE is prepared to challenge any agency that implements Trump’s executive orders without first bargaining with the union following the Trump administration’s Nov. 26 guidance directing agencies to immediately implement the executive orders.

“Agencies must bargain changes to collective bargaining agreements, including changes related to the executive orders. Any attempt by agencies to unilaterally implement without bargaining will be met with a swift and appropriate challenge,” the union said in a statement.

Office of Personnel Management Director Dale Cabaniss sent a memo to agency heads Nov. 26, directing them to implement the executive orders as soon as possible.

“These three executive orders, including their previously enjoined provisions, are in full force and effect and should be implemented by agencies as soon as feasible consistent with the requirements and guidance contained in the EOs and consistent with law,” Cabaniss wrote.

“Key provisions no longer enjoined and therefore fully effective…Agencies should take steps to implement these and other EO provisions at the soonest possible opportunity consistent with law,” she added.

The OPM director listed several provisions that she believes are fully effective, such as:

  • Limiting contract negotiating periods and encouraging agencies to quickly declare an impasse in order to rush the cases to the Trump-appointed labor board, the Federal Service Impasses Panel.
  • Prohibiting employees from filing a grievance over a removal or performance rating (regardless of whether it’s just or not)
  • Prohibiting union reps from using “official time” to help employees file a grievance against the agency
  • Severely limiting union rep’s official time hours, thereby reducing employees’ access to help fighting discrimination, retaliation, and other workplace issues
  • Evicting union reps from union offices on government facilities, thereby reducing employees’ access to union representation.

We need to stop these democracy-busting EOs

AFGE is urging Congress to adopt language included in the House-passed Financial Services and General Government Appropriations bill ( HR 3351) in the final FY 2020 funding measure.

The language would prevent federal agencies from unilaterally imposing anti-worker management edicts in the place of negotiated collective bargaining agreements. The language would also require agencies to abide by current law and bargain in good faith with federal employee unions.

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