Presidential Executive Orders Affecting Taxpayer Funded Union Time, Collective Bargaining, and Streamlining Removal Procedures
On May 25, 2018, the President issued three executive orders affecting three critical areas in the Labor & Employee Relations portfolio, specifically; taxpayer funded union time use (formerly known as "official time"), collective bargaining, and employee accountability.
The Executive Orders require the Department of Defense (DoD) to take immediate action to comply with the provisions in each of the Executive Orders.
The Executive Orders also require DoD components to plan for and execute detailed data capture and reporting requirements on taxpayer funded union time use and collective bargaining. The data capture and reporting requirements exceed previous data requirements issued by the Congress and the Office of Personnel Management (OPM).
DoD Components will need to take immediate and necessary steps to position themselves to:
- Timely and accurately record the use of taxpayer funded union time;
- Provide reports in the required format to be prescribed to the DoD in a timely manner; and,
- Ensure that subordinate commands are aware of their responsibilities for accuracy in accordance with applicable law and the Executive Orders.
Under Section 6 of the Executive Order "Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining," the President instructs all agency heads that they may not negotiate over matters covered under 5 USC 7106(b)(1). DoD components currently engaged in collective bargaining shall cease negotiating over such subjects consistent with this Executive Order and law.
The DCPAS Labor & Employee Relations Line of Business will publish reference guides under separate cover for each Executive Order containing important guidance on the duty and obligation of leaders across the DoD and, most importantly, at the level of exclusive recognition.