Executive Order: Limiting Lame-Duck Collective Bargaining Agreements - Updates as of February 7, 2025

• Executive Order Issued: On January 31, 2025, an executive order was enacted to limit the impact of collective bargaining agreements (CBAs) finalized in the 30 days prior to a new presidential inauguration. The stated purpose is to prevent "lame-duck" agreements that could constrain the incoming administration.
• Scope of Restrictions: The order prohibits executive departments and agencies from finalizing CBAs in the 30 days before a presidential transition if these agreements:
  • Create new contractual obligations.
  • Make substantive changes to existing agreements.
  • Extend the duration of existing agreements.
• Enforcement Mechanism: Agency heads are directed to disapprove any agreements found to be in violation of these restrictions.
• Law Enforcement Exemption: CBAs primarily covering law enforcement officers are specifically exempted from the executive order's restrictions.
• Key Concerns Identified: As of February 7, 2025, several potential issues and concerns have been raised regarding the executive order:
  • Presidential Authority vs. Collective Bargaining Rights: Questions arise about the balance between presidential power and the legally protected collective bargaining rights of federal employees.
  • Impact on Existing Agreements: Directives to disapprove already executed agreements are concerning due to potential circumvention of legal processes and disregard for contractual obligations.
  • Ambiguity of "Substantive Changes": The lack of a clear definition for "substantive changes" in CBAs introduces ambiguity, potentially leading to inconsistent application and hindering fair labor negotiations.
  • Potential for Disruption: The order could disrupt government operations and negatively impact federal employee morale by creating uncertainty and instability in labor relations.
  • Equal Treatment Questions: The selective exemption for law enforcement CBAs raises questions regarding fairness and equal treatment across different categories of federal employees.