Exclusions from Federal Labor-Management Relations Programs

March 27, 2025

Executive Orders

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Action Summary

Determinations: Identifies specific agencies and subdivisions performing intelligence, counterintelligence, investigative, or national security work, and states that Chapter 71 of Title 5 and Subchapter X of Chapter 52 of Title 22 cannot be applied to these entities in a manner consistent with national security requirements.
Additional National Security Exclusions: Amends Executive Order 12171 to add a new section detailing exclusions from Federal Labor-Management Relations Statute coverage for numerous departments (e.g., State, Defense, Treasury, Veterans Affairs, Justice) and selected subdivisions of Health and Human Services, Homeland Security, Interior, Energy, Agriculture, Commerce, EPA, USAID, Nuclear Regulatory Commission, NSF, ITC, FCC, GSA, and others, with specified exceptions.
Foreign Service Exclusions: Further amends the earlier executive order to exclude subdivisions employing foreign service officers from the designated labor-management relations coverage, reaffirming their primary function in national security and related duties.
Delegation of Authority – Defense and Veterans Affairs: Empowers the Secretaries of Defense and Veterans Affairs to suspend certain exclusions for subdivisions under their supervision, contingent upon certification of compatibility with national security and subsequent Federal Register publication within 15 days.
Delegation of Authority – Transportation: Grants the Secretary of Transportation authority to exclude any Department of Transportation subdivision (including the FAA and installations outside the 50 States and D.C.) from the Federal Service Labor-Management Relations Statute when collective bargaining is incompatible with national transportation system safety and innovation.
Implementation Provisions: Directs agency heads to reassign employees previously covered under bargaining units to solely agency business and to terminate related grievance and arbitration proceedings upon termination of collective bargaining agreements.
Additional Review Requirement: Mandates that within 30 days, heads of agencies submit reports identifying subdivisions not covered by the amended Executive Order but whose functions render them unsuitable for Chapter 71 of Title 5 due to national security considerations.
General Provisions: Reaffirms that the order does not impair statutory authority or budgetary functions, is subject to appropriations, and does not create enforceable rights against the United States.
Signatory: Signed by President Donald J. Trump on March 27, 2025.

Risks & Considerations

The Executive Order excludes several federal agencies and subdivisions from the Federal Labor-Management Relations Programs, emphasizing national security concerns. This could lead to significant changes in labor relations and workforce management within these agencies.
Vanderbilt University, particularly its research departments, may face challenges in collaboration with federal agencies affected by these exclusions, especially if these changes impact funding or partnership opportunities.
The exclusion of agencies like the National Science Foundation and the Environmental Protection Agency could affect research funding and collaboration opportunities for Vanderbilt, potentially impacting ongoing and future projects.
There is a risk that the focus on national security could lead to increased scrutiny and regulatory requirements for research projects involving sensitive or classified information, affecting the university’s research operations.
The delegation of authority to the Secretaries of Defense, Veterans Affairs, and Transportation to suspend labor-management relations statutes could lead to operational changes that may indirectly affect university partnerships and collaborations with these departments.

Impacted Programs

Vanderbilt’s Research Departments may need to reassess their partnerships and funding strategies with federal agencies like the National Science Foundation and the Environmental Protection Agency, which are excluded from labor-management relations programs.
The Office of Federal Relations at Vanderbilt may need to engage in more active advocacy and monitoring of federal policy changes to mitigate potential impacts on university programs and funding.
Vanderbilt’s Legal and Compliance Teams may need to review and adjust compliance strategies to align with new regulatory requirements stemming from the Executive Order.

Financial Impact

The exclusion of key federal agencies from labor-management relations programs could lead to changes in funding priorities and availability, potentially affecting Vanderbilt’s research funding landscape.
Vanderbilt may need to explore alternative funding sources or adjust its research focus to align with new federal priorities and maintain financial stability.
There may be increased costs associated with compliance and regulatory adjustments required to align with the new national security-focused directives.

Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)

Key Actions

Vanderbilt’s Office of Federal Relations should closely monitor the implementation of this executive order, particularly the exclusions from Federal Labor-Management Relations Programs, to assess any potential impacts on research collaborations or partnerships with federal agencies.
Vanderbilt University Medical Center (VUMC) should evaluate the implications of the exclusions related to the Department of Health and Human Services, especially concerning the National Institute of Allergy and Infectious Diseases, to ensure compliance and continuity in research funding and operations.
The Department of Political Science should conduct an analysis of the broader implications of these exclusions on national security and labor relations, providing insights that could inform university policy and strategy.
Vanderbilt’s Human Resources should review any potential changes in labor relations policies that might affect university employees who collaborate with federal agencies, ensuring alignment with the new federal guidelines.

Opportunities

The executive order presents an opportunity for Vanderbilt’s Law School to engage in research and discourse on the legal implications of national security exclusions from labor-management relations, potentially influencing policy and legal frameworks.
Vanderbilt’s Center for Technology Transfer and Commercialization can explore partnerships with federal agencies excluded from labor-management relations to advance technology and innovation initiatives, leveraging the flexibility these agencies may now have.

Relevance Score: 3 (Some adjustments are needed to processes or procedures due to potential impacts on federal collaborations and research funding.)

Average Relevance Score: 4.4

Timeline for Implementation

15 days: Under Section 4(b)(ii), the applicable Secretary must submit certification for publication in the Federal Register within 15 days of the order.
30 days: Under Section 7, the head of each agency must submit a report to the President within 30 days of the order.

Relevance Score: 5

Impacted Government Organizations

Department of State: Excluded from Federal Labor-Management Relations Programs and specifically referenced in both additional national security exclusions and foreign service exclusions, affecting its subdivisions and diplomatic missions.
Department of Defense: Its agencies and subdivisions, except for those specifically exempted under section 4, are impacted with the President delegating authority for suspensions in labor-management coverage.
Department of the Treasury: Excluded—with the exception of the Bureau of Engraving and Printing—from the application of certain labor-management statutes.
Department of Veterans Affairs: Explicitly named as excluded, although certain subdivisions may later be brought under federal labor provisions based on delegated authority.
Department of Justice: Listed among those agencies excluded from the coverage of the Federal Service Labor-Management Relations Statute.
Department of Health and Human Services (HHS): Several HHS offices and subdivisions (including the Office of the Secretary, FDA, CDC, Administration for Strategic Preparedness and Response, Office of the General Counsel, Office of Refugee Resettlement, and the National Institute of Allergy and Infectious Diseases at NIH) are impacted.
Department of Homeland Security (DHS): Numerous DHS offices and subdivisions (such as the Office of the Secretary, Office of the General Counsel, strategic policy offices, USCIS, ICE, Coast Guard, CISA, and FEMA) are affected by these exclusions.
Department of the Interior: Its subdivisions including the Office of the Secretary, Bureau of Land Management, Bureau of Safety and Environmental Enforcement, and Bureau of Ocean Energy Management are included.
Department of Energy: Impacted with the exclusion applying except to the Federal Energy Regulatory Commission.
Department of Agriculture: Specific subdivisions (the Food Safety and Inspection Service and the Animal and Plant Health Inspection Service) are noted.
Department of Commerce (International Trade Administration): The International Trade Administration is specifically mentioned, linking commerce functions to the exclusions.
Environmental Protection Agency (EPA): Explicitly listed among the agencies excluded from the usual labor-management statutes.
United States Agency for International Development (USAID): Both in national security exclusions and in the Foreign Service Exclusions, its field offices and subdivisions are affected.
Nuclear Regulatory Commission (NRC): Identified as impacted by exclusions.
National Science Foundation (NSF): Included within the scope of the exclusions.
United States International Trade Commission (USITC): Named among the affected agencies.
Federal Communications Commission (FCC): Listed as an agency excluded from the labor-management relations requirements.
General Services Administration (GSA): Mentioned as one of the impacted bodies.
Social Security Administration (SSA) and Office of Personnel Management (OPM): Their subdivisions—specifically those with information resources management duties—are encompassed by the delineation.
Department of Transportation: Delegated authority to exclude or suspend labor-management coverage for its subdivisions, including the Federal Aviation Administration and activities outside the 50 States and District of Columbia.

Relevance Score: 5 (A directive affecting 16 or more agencies across the entire federal government is addressed.)

Responsible Officials

Secretary of Defense – Delegated authority under Section 4 to issue orders regarding the suspension of specific provisions as applied to subdivisions within the Department of Defense.
Secretary of Veterans Affairs – Delegated authority alongside the Secretary of Defense to suspend provisions affecting subdivisions within the Department of Veterans Affairs.
Secretary of Transportation – Authorized under Section 5 to issue orders excluding any Department of Transportation subdivisions from Federal Service Labor-Management Relations Statute coverage.
Agency Heads – Instructed in Sections 6 and 7 to implement the reassignment of employees, terminate pending grievance proceedings, and submit required reports to the President regarding covered subdivisions.

Relevance Score: 5 (Directives affect Cabinet-level officials and agency heads, representing the highest level of responsibility).