Executive Orders 13836, 13837, and 13839

• Published date: 21 October 2019
• Citation: 84 FR 56095
• Record Number: 2019-23021
• Section: Presidential Documents
• Court: Executive Office Of The President

Federal Register, Volume 84 Issue 203 (Monday, October 21, 2019)

[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
                [Presidential Documents]
                [Pages 56095-56096]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-23021] Presidential Documents
                Federal Register / Vol. 84 , No. 203 / Monday, October 21, 2019 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 56095]]
                 Memorandum of October 11, 2019
                
                Executive Orders 13836, 13837, and 13839
                 Memorandum for the Heads of Executive Departments and
                 Agencies
                 On May 25, 2018, I signed three Executive Orders
                 requiring executive departments and agencies (agencies)
                 to negotiate collective bargaining agreements that will
                 reduce costs and promote government performance and
                 accountability. These Executive Orders, Executive Order
                 13836 of May 25, 2018 (Developing Efficient, Effective,
                 and Cost-Reducing Approaches to Federal Sector
                 Collective Bargaining), Executive Order 13837 of May
                 25, 2018 (Ensuring Transparency, Accountability, and
                 Efficiency in Taxpayer-Funded Union Time Use), and
                 Executive Order 13839 of May 25, 2018 (Promoting
                 Accountability and Streamlining Removal Procedures
                 Consistent with Merit System Principles), were
                 partially enjoined by the United States District Court
                 for the District of Columbia on August 25, 2018. The
                 District Court's injunction barred enforcement of
                 sections 5(a), 5(e), and 6 of Executive Order 13836,
                 sections 3(a), 4(a), and 4(b) of Executive Order 13837,
                 and sections 3, 4(a), and 4(c) of Executive Order
                 13839.
                 On July 16, 2019, the United States Court of Appeals
                 for the District of Columbia Circuit held that the
                 District Court lacked jurisdiction and vacated its
                 judgment, and the Court of Appeals has now issued the
                 mandate making its judgment effective.
                 Provisions of the Executive Orders that had been
                 subject to the District Court's injunction set
                 presumptively reasonable goals that agencies must
                 pursue during bargaining; directed agencies to refuse
                 to bargain over permissive subjects of negotiation; and
                 established Government-wide rules that displace
                 agencies' duty to bargain with unions over contrary
                 matters, regardless of whether the Federal Service
                 Labor-Management Relations Statute would otherwise
                 require bargaining absent those rules. Sections
                 4(c)(ii) and 8(a) of Executive Order 13837 and section
                 8(b) of Executive Order 13839, however, recognized
                 agencies' ability to comply with collective bargaining
                 agreements containing prohibited terms so long as such
                 agreements were effective on the date of the Executive
                 Orders.
                 While the District Court's injunction remained in
                 effect, agencies retained the ability to bargain over
                 subjects covered by the enjoined provisions. The
                 Executive Orders, however, did not address collective
                 bargaining agreements entered into during this period.
                 As a result, it is necessary to clarify agencies'
                 obligations with respect to such collective bargaining
                 agreements.
                 Agencies shall adhere to the terms of collective
                 bargaining agreements executed while the injunction was
                 in effect. Agencies that remain engaged in collective-
                 bargaining negotiations, to the extent consistent with
                 law, shall comply with the terms of the Executive
                 Orders. However, where, between the date of the
                 Executive Orders and the date of the Court of Appeals's
                 mandate, the parties to collective bargaining
                 negotiations have executed an agreement to incorporate
                 into a new collective bargaining agreement specific
                 terms prohibited by the Executive Orders, an agency may
                 execute the new collective bargaining agreement
                 containing such terms, and terms ancillary to those
                 specific terms, notwithstanding the Executive Orders.
                [[Page 56096]]
                 To the extent it is necessary, this memorandum should
                 be construed to amend Executive Orders 13836, 13837,
                 and 13839.
                 The Director of the Office of Personnel Management is
                 hereby authorized and directed to publish this
                 memorandum in the Federal Register.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 Washington, October 11, 2019
                [FR Doc. 2019-23021
                Filed 10-18-19; 8:45 am]
                Billing code 6325-39-P-P