Exclusions From Federal Labor-Management Relations Programs

This EO finds certain listed agencies and agency subdivisions to have as a primary function intelligence, counterintelligence, investigative, or national security work and, therefore, Chapter 71 of title 5, United States Code, cannot be applied to these agencies. This EO also updates Executive Order 12171 of November 19, 1979 to add national security exclusions. 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. The Secretary of Transportation is delegated authority under section 7103(b) of title 5, United States Code, to issue orders excluding any subdivision of the Department of Transportation 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. 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: 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 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.

• State
• DoD
• Treasury
• Veterans Affairs
• DOJ
• HHS
• DHS
• Interior
• Energy
• Agriculture
• Commerce
• EPA
• USAID
• Nuclear Regulatory Commission.
• National Science Foundation.
• US International Trade Commission.
• FCC
• GSA
• OPM
• Social Security Administration
• Transportation

Immediate, 30 days.

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 1217.

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