President Donald Trump on Thursday quietly issued a memo granting Defense Secretary Mark Esper the power to abolish collective bargaining rights for the Defense Department’s 750,000 civilian workers, a move unions decried as part of the administration’s far-reaching assault on organized labor.
The American Federation of Government Employees (AFGE) condemned the memo, which was published in the Federal Register (pdf) Thursday, as “a travesty and a disgrace.”
The memo argues that a unionized Defense Department workforce could pose a threat to “national security” and that, if necessary, collective bargaining rights at the department should be scrapped in the interest of “protecting the American people.”
“When new missions emerge or existing ones evolve, the Department of Defense requires maximum flexibility to respond to threats,” the memo states. “This flexibility requires that military and civilian leadership manage their organizations to cultivate a lethal, agile force adaptive to new technologies and posture changes.”
“Where collective bargaining is incompatible with these organizations’ missions,” the memo continues, “the Department of Defense should not be forced to sacrifice its national security mission and, instead, seek relief through third parties and administrative fora.”
It is unclear whether or how Esper intends to act on his legal authority.
Larry Mishel, distinguished fellow at the Economic Policy Institute, called the White House’s justification for ending collective bargaining rights at the Defense Department “atrocious.”
The existence of the memo, which Trump signed on Jan. 29, was first reported by Government Executive earlier this month.
The outlet noted that “the Civil Service Reform Act of 1978 includes a provision allowing the president to issue an order excluding agencies and agency subcomponents from collective bargaining rules if the rules ‘cannot be applied to that agency or subdivision in a manner consistent with national security requirements.’”
Everett Kelley, AFGE’s national secretary-treasurer, said in a statement that denying Defense Department employees “the collective bargaining rights guaranteed to them by law since 1962 would be a travesty—and doing it under the guise of ‘national security’ would be a disgrace to the sacred oath and obligation that all federal workers make to their country.”
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