While some federal government workers are political appointees, the vast majority operate outside of any current political agenda and perform apolitical job duties.
This means that, regardless of their political affiliation, most rank-and-file federal employees experience little change when a new administration is ushered in. The political views of a park ranger, a human resource specialist in the Social Security Administration, or a cook at the Department of Veterans Affairs don't matter in day-to-day operations, so federal jobs offer a certain amount of security and stability — at least they used to.
In addition to massive layoffs in federal agencies by the Trump administration, a pair of recent executive orders issued by President Donald Trump have stripped away union rights for almost 500,000 federal workers over the past five months. To date, over 28 agencies have been ordered to comply with the removal of protections for their workers that had been negotiated through collective bargaining agreements. This includes having protections from their union for speaking out about issues within their department.
Several lawsuits are pending, but agencies are required to follow the mandates of the executive orders in the meantime. At stake are many of the protections and perks that may have enticed people to join the federal workforce in the first place.
Laws Regarding Federal Unions
Federal workers don't have some of the freedoms that employees in the private sector do. For example, while they can be in a union, they don't have the right to strike. This was made abundantly clear in 1981 when President Ronald Reagan fired striking air traffic controllers and gave them lifetime bans from being federal employees again.
This doesn't mean they have no rights at all. Civil servants in executive agencies are protected by U.S. Code Title 5, Chapter 71, which allows them to join a union that can negotiate collective bargaining agreements that deal with workplace issues like overtime, mandated breaks, and parental leave. The unions also provide a safe conduit for federal workers to file grievances without fear of retaliation.
However, President Trump's executive orders have effectively removed most or all of these protections and benefits in 28 executive agencies so far. Not all employees are affected in each agency, but most are. How is it legal for collective bargaining agreements to be set aside like this?
Using National Security as a Means to Upend the Law
President Trump has once again used national security concerns to justify denying legally mandated rights in executive branch agencies. This includes the Department of Agriculture, most of the Treasury Department, and the Environmental Protection Agency. Those considered indispensable in the face of national security risks include scientists, janitorial staff, and administrative workers.
President Trump indicated he plans to continue removing protections for millions of federal workers, so it's unlikely his most recent executive orders will be the last.
Related Resources
- What Is the National Labor Relations Board (NLRB)? (FindLaw's Wages and Benefits Law)
- What Is Collective Bargaining? (FindLaw's Employment Law)
- Wrongful Termination Claims (FindLaw's What To Do After Losing a Job)
