On January 31, 2025, a new memorandum was issued by the President of the United States concerning collective bargaining agreements (CBAs) made during the transition period between administrations. The memorandum addresses agreements finalized in the last days of the previous administration that aim to impose constraints on the incoming President.
The document outlines that certain CBAs were completed with Federal employees to extend policies from the prior administration, potentially hindering the current administration's ability to govern effectively. It highlights an example involving a CBA negotiated by the Department of Education on January 17, 2025, which restricts returning remote employees to their offices.
According to the memorandum, such last-minute CBAs conflict with democratic principles and limit presidential authority. "The Supreme Court has explained that a President 'cannot choose to bind his successors by diminishing their powers,'" it states.
The policy stipulates that CBAs executed within 30 days before a new President's inauguration should not be approved if they create new obligations, make substantive changes, or extend existing agreements. However, exceptions are noted for CBAs covering law enforcement officers as defined in federal law.
Further provisions clarify that this directive does not affect existing legal authorities or functions related to budgetary and legislative proposals. Additionally, if any part of this memorandum is deemed invalid by judicial review, it will be severed and rendered inoperative.
The Director of the Office of Personnel Management is tasked with publishing this memorandum in the Federal Register.