OPM Issues Directive on Federal Collective Bargaining
The Office of Personnel Management (OPM) has instructed federal agencies to move forward with the termination or modification of collective bargaining agreements (CBAs), despite ongoing litigation challenging the underlying presidential executive orders. OPM Director Scott Kupor issued the directive on Thursday, February 13, 2026, urging agencies to comply with Executive Orders 14251 and 14343. This move comes as some agencies continue to recognize labor representatives due to temporary court orders barring the executive orders' implementation.
Executive Orders 14251 and 14343
The OPM's directive is in furtherance of two executive orders signed by President Trump in 2025. Executive Order 14251, issued on March 27, 2025, and Executive Order 14343, issued on August 28, 2025, designated more than a dozen federal agencies and subdivisions as having primary intelligence, counterintelligence, investigative, or national security functions. These orders aimed to remove collective bargaining rights for over one million federal workers, representing approximately 85% of the unionized federal workforce. Agencies affected include the Department of Defense, the Department of Veterans Affairs, and the Department of the Treasury. The executive orders assert that the Federal Service Labor-Management Relations Statute 'cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations.'
Ongoing Legal Challenges and Injunctions
The implementation of these executive orders has been met with significant legal opposition from federal employee unions. Several lawsuits have been filed, challenging the legality of the orders. While the 9th Circuit Court lifted a preliminary injunction in August 2025, allowing many agencies to proceed with terminating their CBAs, a 'smattering of agencies' still maintain their agreements due to other court orders temporarily blocking the executive orders' enforcement. The National Treasury Employees Union (NTEU), for instance, has ongoing litigation in the U.S. Court of Appeals for the D.C. Circuit. NTEU General Counsel Paras Shah argued that the OPM's recent memo demonstrates that the Executive Order's harm is 'certain and imminent,' and that a preliminary injunction should be issued. In March 2025, the Department of Justice also initiated affirmative litigation against affiliates of the American Federation of Government Employees (AFGE), seeking to confirm the government's right to terminate CBAs to protect national security.
Impact on Federal Workforce and Union Response
The OPM's instruction to proceed with terminations directly impacts federal employees across numerous agencies. The directive specifically notes that agencies should notify 'any labor unions and bargaining unit employees' affected by the orders of their contract's termination. Unions contend that these executive orders curtail workers' rights and undermine established collective bargaining processes. The ongoing legal battles highlight a significant dispute over the balance between national security prerogatives and the collective bargaining rights of federal employees in the United States.
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