Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt to Constrain the New President

January 31, 2025

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Policy & Purpose: Prohibits collective bargaining agreements (CBAs) finalized in the final 30 days of a prior administration that attempt to bind or hinder the authority of the incoming President, as these are seen to undermine democratic self-government.
Standards for CBA Duration:
- CBAs made in the 30 days before a presidential transition cannot create new contractual obligations, modify existing terms substantially, or extend the duration of current agreements.
- Existing rollover provisions are exempt from these restrictions.
- Agencies must disapprove subordinate CBAs that violate these requirements before approval.
- The restriction does not apply to agreements covering law enforcement officers.
General Provisions & Implementation:
- The memo does not affect other legal authorities or administrative processes, including budgetary and legislative functions of the Office of Management and Budget.
- The memorandum is subject to applicable law, available appropriations, and judicial review; any conflicting provisions may be severed.
- It does not confer any enforceable rights and must be published in the Federal Register by the Director of the Office of Personnel Management.

The memorandum aims to limit the impact of last-minute collective bargaining agreements (CBAs) made by outgoing administrations, which could affect the stability and predictability of federal employment policies. This may lead to uncertainty in federal employment practices, potentially impacting partnerships and collaborations with federal agencies.
Vanderbilt University may need to consider the implications of this policy on its research and policy analysis activities, particularly those involving federal employment and labor relations. Changes in federal employment policies could influence the focus and funding of related research projects.
The restriction on CBAs could lead to legal challenges or disputes, which may create a volatile environment for federal agencies. This could affect ongoing or future collaborations with these agencies, requiring careful navigation of legal and regulatory landscapes.
There is a potential risk that the memorandum could lead to a shift in federal employment practices, affecting the recruitment and retention of talent within federal agencies. This may have downstream effects on the availability of skilled professionals for collaborative projects with the university.

Vanderbilt Law School may see increased demand for expertise in labor law and federal employment policies, providing opportunities for research and consultation on the implications of the memorandum.
The Department of Political Science could benefit from analyzing the political and administrative impacts of the memorandum, offering insights into the dynamics of presidential transitions and federal governance.
Vanderbilt’s Human Resources Department might need to stay informed about changes in federal employment policies to ensure compliance and alignment with best practices in labor relations.

The memorandum’s impact on federal employment policies could influence the funding landscape for research projects related to labor relations and public administration. Vanderbilt may need to adjust its grant application strategies to align with new federal priorities.
Potential legal challenges arising from the memorandum could create opportunities for Vanderbilt to provide expert analysis and testimony, potentially generating additional revenue streams through consulting and advisory services.
Changes in federal employment practices may affect the university’s collaborations with federal agencies, potentially impacting funding and resource allocation for joint projects.

Relevance Score: 3 (The memorandum presents moderate risks involving compliance and potential legal challenges.)

Vanderbilt’s Human Resources Department should review any collective bargaining agreements (CBAs) that may be affected by changes in federal policies, particularly those negotiated close to the transition of presidential administrations. This will ensure compliance with new federal guidelines and prevent any potential conflicts with the updated standards.
The Office of Federal Relations should monitor developments in federal labor policies to anticipate any changes that might impact university operations, especially those related to employment conditions and remote work policies.
Vanderbilt’s Legal Affairs Office should assess the implications of the memorandum on existing contracts and agreements to ensure they align with the new federal directives and avoid any legal challenges.

The memorandum provides an opportunity for Vanderbilt’s Policy Studies Department to conduct research on the impact of federal labor policy changes on higher education institutions. This research could inform future policy recommendations and enhance Vanderbilt’s role as a thought leader in labor relations.
By engaging with federal agencies and policymakers, Vanderbilt can position itself as a proactive participant in discussions about labor policy reforms, potentially influencing future regulations that affect the higher education sector.

Relevance Score: 3 (Some adjustments are needed to processes or procedures to ensure compliance with new federal labor policies.)

Average Relevance Score: 4

CBAs executed in the 30 days prior to a Presidential transition are not to be approved.
Any non-compliant CBA must be promptly disapproved by the agency head. (The directive uses “promptly,” indicating immediate action.)

Relevance Score: 5

Executive Departments and Agencies: This policy is directed to all heads of executive departments and agencies, thereby affecting the entire executive branch by limiting certain collective bargaining agreements executed during a lame-duck period.
Department of Education: Cited as an example, this department negotiated a CBA that is now subject to disapproval under the new policy.
Office of Management and Budget (OMB): Although its core functions remain unaffected, the OMB’s budgetary and administrative oversight is acknowledged in the memorandum.
Federal Labor Relations Authority (FLRA): The FLRA is mentioned as a potential body for resolving issues regarding the scope and application of the memorandum if legal challenges arise.
Office of Personnel Management (OPM): Tasked with publishing the memorandum in the Federal Register, the OPM plays a role in ensuring public notice of the new directive.

Relevance Score: 5 (The directive applies broadly across the entire executive branch and impacts multiple key agencies.)

Heads of Executive Departments and Agencies – Tasked with promptly disapproving any collective bargaining agreements executed in the 30 days prior to a presidential transition that make new contractual obligations or extend existing ones, in order to uphold the new administration’s authority.
Director of the Office of Personnel Management – Responsible for publishing this memorandum in the Federal Register.

Relevance Score: 4 (The directive primarily impacts agency heads, who play a central role in implementing the memorandum’s requirements.)