New Executive Orders May Contradict Federal Collective Bargaining Agreements

Quick Hits

• A number of new executive orders may contradict the terms of federal policies and union contracts, especially on issues like telework and diversity, equity, and inclusion (DEI).
• Unions have responded by suing to block the executive actions that would end job protections for certain federal employees.

On January 20, 2025, President Trump issued an executive order to reclassify thousands of federal employees as at-will workers, in a category called “Schedule Policy/Career.” At-will employment would make it easier to discharge federal government employees, who will no longer be in the “competitive service” category and benefit from associated job protections.

Also on January 20, President Trump also released an executive order that directs all federal agencies to end remote work arrangements and require employees to return to the workplace full-time “as soon as practicable.” In some cases, this contravenes telework benefits provided in collective bargaining agreements. Prior to the executive order, more than half of federal employees were eligible to telework, according to a report from the U.S. Office of Personnel Management (OPM).

Another January 20 executive order halts all diversity, equity, and inclusion (DEI) programs, policies, and offices in the federal government. It directs OPM to review and revise all federal employment practices, union contracts, and training programs to comply with this new policy. It also instructs the U.S. attorney general to scrutinize private-sector DEI programs.

Furthermore, another January 20 executive order states that the federal government will recognize only two genders: male and female. It rejects the transgender and nonbinary categories. It rescinds previous guidance from the U.S. Equal Employment Opportunity Commission (EEOC) under the Biden administration, which held that LGBTQ employees are legally protected from harassment and discrimination under Title VII of the Civil Rights Act of 1964.

The EEOC’s new acting chair, Andrea Lucas, recently announced a policy shift on enforcement of antidiscrimination laws. She opposes the position that unlawful harassment under Title VII includes the “denial of access to a bathroom or other sex-segregated facility consistent with [an] individual’s gender identity” and the “repeated and intentional use of a name or pronoun inconsistent with [an] individual’s known gender identity.”

Some union contracts have clauses protecting LGBTQ workers from harassment, discrimination, and retaliation. Likewise, some union contracts guarantee workers access to restrooms that align with their gender identity, and require management to use an employee’s preferred name and pronouns.

Finally, on January 31, 2025, President Trump released an executive order nullifying collective bargaining agreements that were finalized with federal agencies during the last month of the Biden administration. The status of those recently ratified union contracts remains uncertain.

Next Steps

Depending on their written terms, some provisions in union contracts governing the employment of federal workers may no longer be enforceable based on the Trump administration’s executive orders related to telework, DEI, and protections for LGBTQ workers. The new executive orders that conflict with written union contract language call into question whether the directives are enforceable without collective bargaining.

Even though unions have filed lawsuits to challenge the new executive orders, the outcomes of those lawsuits remain uncertain.

Ogletree Deakins will continue to monitor developments and will provide updates on the Traditional Labor Relations and Return to Work blogs as new information becomes available.

Thomas M. Stanek is co-chair of Ogletree Deakins’ Traditional Labor Relations Practice Group and a shareholder in Ogletree Deakins’ Phoenix office.

This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.

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