President Trump on Friday signed a memo barring agencies from reaching agreement on new union contracts in the final days of a president’s term and seeking to unwind contracts that he claims were designed to hamstring his return-to-office mandate, though it’s unlikely that the document will produce any results.
Trump, Elon Musk and congressional Republicans in recent months have railed against then-Social Security Commissioner Martin O’Malley for signing a contract last November with the American Federation of Government Employees locking in existing telework policies until 2029. And the Education Department similarly entered a new contract with AFGE effective Jan. 17.
“Such last minute, lame-duck CBAs, which purport to bind a new president to his predecessor’s policies, run counter to America’s system of democratic self-government,” the memo states. “CBAs quickly negotiated to include extreme policies on the eve of a new administration are purposefully designed to circumvent the will of the people and our democracy.”
Trump’s memo bans agencies from entering union contracts in the 30 days before a new president is sworn in, and it tasks agencies with unwinding CBAs signed since Dec. 20, provided that the agency-head review process is not yet complete.
But in practice, it’s not clear if this document would lead to any union contracts being rescinded. The agreement between SSA and AFGE was signed by O’Malley in November, while the Education Department’s contract states that it is effective Jan. 17. Typically, union contracts are not effective until the agency-head review process is complete and once executed, contracts cannot be superseded except by legislation.
AFGE spokeswoman Brittany Holder confirmed Friday that its contract with the Education Department completed agency head review on Jan. 17.
Also of note in Trump’s memo is an exception for union contracts “that primarily cover law enforcement officers.” On the eve of former President Biden’s inauguration, the Trump administration signed a collective bargaining agreement with a union representing Immigration and Customs Enforcement employees that effectively gave the group veto power over agency policy changes.
Shortly before Trump signed the memo, House Oversight and Reform Committee Chairman James Comer published a letter to AFGE National President Everett Kelley for information regarding all collective bargaining agreements reached between the union and agencies since January 2024.
“President Trump is working to bring efficiency to the federal government, including through reforms to the federal workforce,” Comer wrote. “[CBAs] entered into by the outgoing administration with AFGE should not undermine President Trump’s ability to bring the federal workforce back to the office to better serve the American people.”
In a statement Friday night, Kelley dismissed Trump’s memo as an effort to “frighten and confuse” federal workers.
“Federal employees should know that approved union contracts are enforceable by law, and the president does not have the authority to make unilateral changes to those agreements,” he said. “AFGE members will not be intimidated. If our contracts are violated, we will aggressively defend them.”
