Executive Order 14251 invokes presidential authority to significantly expand the exclusion of federal agencies and subdivisions from labor-management relations programs based on national security considerations. The order determines that numerous agencies and subdivisions have primary functions related to intelligence, counterintelligence, investigation, or national security work, and therefore cannot be subject to collective bargaining provisions under Chapter 71 of Title 5 or Subchapter X of Chapter 52 of Title 22 (for Foreign Service Officers) in a manner consistent with national security requirements. This represents a substantial expansion of executive authority to limit federal employee collective bargaining rights, framing these limitations as necessary for national security imperatives.
The order specifically excludes a wide array of federal entities from labor relations coverage, including entire departments such as State, Defense, Treasury (except the Bureau of Engraving and Printing), Veterans Affairs, Justice, and Energy (except FERC). It also excludes numerous subdivisions within other departments, particularly targeting components within Health and Human Services, Homeland Security, and Interior. Additionally, it excludes specific units across all executive departments, such as Offices of Chief Information Officers and information resource management units. For the Foreign Service, the order excludes virtually all State Department subdivisions and USAID overseas missions and key offices. Quantitatively, the order affects dozens of agencies and subdivisions across the federal government, representing a sweeping application of exclusion authority.
Regarding implementation, the Secretaries of Defense and Veterans Affairs are delegated authority to suspend the application of these exclusions for their subdivisions if they certify to the President that labor relations statutes can be applied consistently with national security, with such certifications required within 15 days. The Secretary of Transportation receives broader authority to exclude any Transportation subdivision from labor relations coverage based on the stated need for workforce flexibility in the transportation system. The order directs that when applicable collective bargaining agreements terminate, employees previously engaged in union activities must be reassigned solely to agency business, and agencies must terminate participation in pending grievance proceedings. Furthermore, it establishes a 30-day review process requiring all agency heads to identify additional subdivisions that might qualify for exclusion based on national security functions, potentially expanding the scope of exclusions even further in the future.