[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]


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  Federal Register / Vol. 84 , No. 203 / Monday, October 21, 2019 / 
Presidential Documents  

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 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