Executive Order No. 14251. Exclusions From Federal Labor-Management Relations Programs

• Citation: 90 FR 14553
• Executive Order No.: 14251
• Published date: 03 April 2025
• Date: 27 March 2025
• FR Document: 2025-05836
• Pages: 14553-14557
• Issuer: Executive Office of the President
• Section: Presidential Documents

Federal Register, Volume 90 Issue 63 (Thursday, April 3, 2025)

Title 22,'' after ``Title 5''; and
                (ii) adding ``and Subchapter X of Chapter 52 of Title 22'' after
                ``Relations Program.''
                 (b) Adding after section 1-102 a new section 1-103
                 that reads:
                ``1-103. The Department subdivisions set forth in section 1-5 of this order
                are hereby determined to have as a primary function intelligence,
                counterintelligence, investigative, or national security work. It is also
                hereby determined that Subchapter X of Chapter 52 of title 22, United
                States Code, cannot be applied to those subdivisions in a manner consistent
                with national security requirements and considerations. The subdivisions
                set forth in section 1-5 of this order are hereby excluded from coverage
                under Subchapter X of Chapter 52 of title 22, United States Code.''
                 (c) Adding after the new section 1-4 added by
                 section 2(b) of this order a new section 1-5 that
                 reads:
                 ``1-5. Subdivisions of Departments Employing
                 Foreign Service Officers.
                1-501. Subdivisions of the Department of State:
                 (a) Each subdivision reporting directly to the Secretary of State.
                 (b) Each subdivision reporting to the Deputy Secretary of State.
                 (c) Each subdivision reporting to the Deputy Secretary of State for
                Management and Resources.
                 (d) Each subdivision reporting to the Under Secretary for Management.
                 (e) Each subdivision reporting to the Under Secretary for Arms Control
                and International Security.
                 (f) Each subdivision reporting to the Under Secretary for Civilian
                Security, Democracy, and Human Rights.
                 (g) Each subdivision reporting to the Under Secretary for Economic
                Growth, Energy, and Environment.
                 (h) Each subdivision reporting to the Under Secretary for Political
                Affairs.
                 (i) Each subdivision reporting to the Under Secretary for Public
                Diplomacy.
                 (j) Each United States embassy, consulate, diplomatic mission, or office
                providing consular services.
                1-502. Subdivisions of the United States Agency for International
                Development:
                 (a) All Overseas Missions and Field Offices.
                 (b) Each subdivision reporting directly to the Administrator.
                 (c) Each subdivision reporting to the Deputy Administrator for Policy and
                Programming.
                 (d) Each subdivision reporting to the Deputy Administrator for Management
                and Resources.''.
                 Sec. 4. Delegation of Authority to the Secretaries of
                 Defense and Veterans Affairs. (a) Subject to the
                 requirements of subsection (b) of this section, the
                 Secretaries of Defense and Veterans Affairs are
                 delegated authority under 5 U.S.C. 7103(b)(1) to issue
                 orders suspending the application of section 1-402 or
                 1-404 of Executive Order 12171, as amended, to any
                 subdivisions of the departments they supervise, thereby
                 bringing such subdivisions under the coverage of the
                 Federal Service Labor-Management Relations Statute.
                 (b) An order described in subsection (a) of this
                 section shall only be effective if:
                [[Page 14556]]
                (i) the applicable Secretary certifies to the President that the provisions
                of the Federal Service Labor-Management Relations Statute can be applied to
                such subdivision in a manner consistent with national security requirements
                and considerations; and
                (ii) such certification is submitted for publication in the Federal
                Register within 15 days of the date of this order.
                 Sec. 5. Delegation of Authority to the Secretary of
                 Transportation. (a) The national security interests of
                 the United States in ensuring the safety and integrity
                 of the national transportation system require that the
                 Secretary of Transportation have maximum flexibility to
                 cultivate an efficient workforce at the Department of
                 Transportation that is adaptive to new technologies and
                 innovation. Where collective bargaining is incompatible
                 with that mission, the Department of Transportation
                 should not be forced to seek relief through grievances,
                 arbitrations, or administrative proceedings.
                 (b) The Secretary of Transportation is therefore
                 delegated authority under section 7103(b) of title 5,
                 United States Code, to issue orders excluding any
                 subdivision of the Department of Transportation,
                 including the Federal Aviation Administration, from
                 Federal Service Labor-Management Relations Statute
                 coverage or suspending any provision of that law with
                 respect to any Department of Transportation
                 installation or activity located outside the 50 States
                 and the District of Columbia. This authority may not be
                 further delegated. When making the determination
                 required by 5 U.S.C. 7103(b)(1) or 7103(b)(2), the
                 Secretary of Transportation shall publish his
                 determination in the Federal Register.
                 Sec. 6. Implementation. With respect to employees in
                 agencies or subdivisions thereof that were previously
                 part of a bargaining unit but have been excepted under
                 this order, each applicable agency head shall, upon
                 termination of the applicable collective bargaining
                 agreement:
                 (a) reassign any such employees who performed non-
                 agency business pursuant to section 7131 of title 5 or
                 section 4116 of title 22, United States Code, to
                 performing solely agency business; and
                 (b) terminate agency participation in any pending
                 grievance proceedings under section 7121 of title 5,
                 United States Code, exceptions to arbitral awards under
                 section 7122 of title 5, United States Code, or unfair
                 labor practice proceedings under section 7118 of title
                 5 or section 4116 of title 22, United States Code, that
                 involve such employees.
                 Sec. 7. Additional Review. Within 30 days of the date
                 of this order, the head of each agency with employees
                 covered by Chapter 71 of title 5, United States Code,
                 shall submit a report to the President that identifies
                 any agency subdivisions not covered by Executive Order
                 12171, as amended:
                 (a) that have as a primary function intelligence,
                 counterintelligence, investigative, or national
                 security work, applying the definition of ``national
                 security'' set forth by the Federal Labor Relations
                 Authority in Department of Energy, Oak Ridge
                 Operations, and National Association of Government
                 Employees Local R5-181, 4 FLRA 644 (1980); and
                 (b) for which the agency head believes the
                 provisions of Chapter 71 of title 5, United States
                 Code, cannot be applied to such subdivision in a manner
                 consistent with national security requirements and
                 considerations, and the reasons therefore.
                 Sec. 8. General Provisions. (a) Nothing in this order
                 shall be construed to impair or otherwise affect:
                (i) the authority granted by law to an executive department or agency, or
                the head thereof; or
                (ii) the functions of the Director of the Office of Management and Budget
                relating to budgetary, administrative, or legislative proposals.
                 (b) This order shall be implemented consistent with
                 applicable law and subject to the availability of
                 appropriations.
                 (c) This order is not intended to, and does not,
                 create any right or benefit, substantive or procedural,
                 enforceable at law or in equity by any party
                [[Page 14557]]
                 against the United States, its departments, agencies,
                 or entities, its officers, employees, or agents, or any
                 other person.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 March 27, 2025.
                [FR Doc. 2025-05836
                Filed 4-2-25; 8:45 am]
                Billing code 3395-F4-P