In May of 2018, President Trump issued three Executive Orders to limit the power of labor unions and increase supervisors’ ability to hold employees accountable for misconduct and poor performance. Under a D.C. District Court decision, several provisions of the President’s Executive Orders were ruled to be illegal, however, an Appeals Court overturned that decision a few weeks ago. While the unions requested an en banc re-hearing, the Appeals Court has yet to grant the request.
What Does This Mean for Federal Employees?
First, the Executive Orders are now in full effect. In a memo sent out to agencies, Dale Cabannis, the Director of the U.S Office of Personnel Management (OPM), informed agencies of the following:
“Accordingly, all provisions of these executive orders, including previously enjoined provisions, are in full force and effect and should be implemented consistent with the requirements and guidance contained in the EOs.”
Under the Labor Relations portion of the Executive Orders, agencies are now expected to do the following:
- Set time limits on bargaining
- Substantially restrict official time
- Charge unions rent for office space
Prior to sending the memo mentioned above, Cabannis issued another memo to agencies titled: Maximization of Employee Performance Management and Engagement by Streamlining Agency Performance and Dismissal Policies and Procedures. The memo talks about ways to streamline performance and misconduct procedures by eliminating “unnecessary barriers” in order to hold employees accountable. The phrase “unnecessary barriers” refers to a list of things that are legal to do, but essentially useless when it comes to performance- or misconduct-based actions.
Consult with a Federal Employment Law Attorney Today
At Pines Federal, we are committed to helping federal employees defend their rights against employers who have taken adverse actions against them. We are familiar with these types of cases, and we can review your situation to determine if the disciplinary action was warranted and which legal options are available to you.
Call (800) 801-0598 if you have been subjected to unfair disciplinary actions by your employer so we can get started building your case strategy. We are here to fight for you. Schedule your consultation today.