New Directive on Lame-Duck Collective Bargaining Agreements
In a recent memorandum addressed to the heads of executive departments and agencies, the President outlined a new policy aimed at limiting lame-duck collective bargaining agreements that attempt to constrain the incoming administration. The directive emphasizes the importance of upholding democratic principles and ensuring that the new President has the authority to implement their own policies and manage the executive branch effectively.
Policy and Purpose
The memorandum highlights the issue of last-minute collective bargaining agreements negotiated by the outgoing administration, which seek to extend their policies and restrict the flexibility of the new President. Such agreements, finalized in the 30 days leading up to a change in administration, are seen as an attempt to undermine the will of the people and hinder the President’s ability to govern effectively.
It is stated that any collective bargaining agreements made in the final days of an outgoing administration, which purport to remain in effect despite the inauguration of a new President, will not be approved. This policy aims to prevent the continuation of outdated and ineffective practices that may have been rushed through in the final days of the previous administration.
Standards for CBA Duration
The memorandum sets clear standards for collective bargaining agreements governing conditions of employment in the 30 days prior to a change in Presidential administrations. It prohibits the creation of new contractual obligations, substantive changes to existing agreements, or extensions of the duration of current agreements during this period.
Exceptions are made for agreements that primarily cover law enforcement officers, recognizing the unique nature of their work and the need for continuity in their contractual arrangements.
General Provisions
The directive clarifies that it does not impair the authority granted by law to executive departments or agencies, nor does it interfere with the functions of the Director of the Office of Management and Budget. It emphasizes that the memorandum must be implemented in accordance with applicable law and subject to the availability of appropriations.
In the event that legal challenges arise regarding the applicability of certain sections of the memorandum, specific provisions may be severed and rendered inoperative, as deemed necessary by the Federal Labor Relations Authority or a court of competent jurisdiction.
The Director of the Office of Personnel Management is tasked with publishing the memorandum in the Federal Register to ensure transparency and compliance with established procedures.
