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Can Congress Restore Federal Union Rights in 2025?

collective bargaining executive orders federal employment federal unions mspb appeals Dec 12, 2025

Federal employees across several agencies felt the shift almost immediately this year: bargaining tables went quiet, contracts suddenly felt fragile, and management decisions began landing as announcements rather than discussions. For many GS-9 and above employees, it felt as though the union’s role in the workplace had been hollowed out overnight. That reaction was not misplaced.

Earlier this year, an executive order excluded large portions of the federal workforce from the normal federal labor-management framework. In practical terms, agencies designated as “national security” or otherwise covered by the order were pulled out from under Title 5, Chapter 71—the statute that governs collective bargaining for federal employees. Roughly a million workers lost the protections that require agencies to bargain in good faith over working conditions.

What the Executive Order Changed on the Ground

When bargaining rights are removed, the consequences are rarely abstract. Employees reported schedules changing with little notice, telework policies being rescinded without explanation, and disciplinary actions moving faster with fewer procedural guardrails. Existing collective bargaining agreements suddenly appeared vulnerable, and grievances became harder to press forward. Even strong local unions found themselves constrained by a legal framework that no longer required management to negotiate.

From a legal perspective, this dramatically shifted risk onto individual employees. Without enforceable bargaining rights, challenges to workplace changes often depend on case-by-case actions—EEO complaints, MSPB appeals, or individual grievances—rather than coordinated, collective pressure.

The Protect America’s Workforce Act: Why It Matters

There is now a potential inflection point. The Protect America’s Workforce Act recently cleared a significant House vote, passing 222–200 with a small but notable group of Republicans joining Democrats. While the bill is not yet law, it represents the first serious legislative attempt to undo the executive order’s effects.

If enacted, the bill would do two core things. First, it would repeal the order excluding agencies from federal labor-management relations and return covered employees to the standard statutory system under Title 5. Second, it would prevent agencies from unilaterally voiding or dismantling existing union contracts that were in place before the order.

That combination is critical. Restoring bargaining rights is not just about symbolism; it re-establishes a legal obligation for agencies to engage with the workforce rather than dictate terms.

Why Timing—and Action—Matters Now

Nothing has changed yet. Until a bill is signed into law, the executive order remains in effect for covered agencies. Employees should assume the current restrictions still apply and continue protecting themselves accordingly—documenting changes, meeting deadlines, and seeking guidance before reacting.

At the same time, moments like this are rare. Congress does not often move quickly to check executive power in the federal employment space. When it does, constituent input matters. Lawmakers pay closer attention when they hear directly from federal workers about how policy changes affect real offices, real workloads, and real families.

From a mindful perspective, this is also a reminder: systems, not just supervisors, shape workplace stress. Collective bargaining is imperfect, but it provides structure, predictability, and a forum for dialogue—elements that reduce uncertainty and fear in already demanding environments.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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