Van Hollen Leads Senate Democratic Caucus in Letter Demanding Trump Rescind Illegal Executive Order Threatening Federal Employee Collective Bargaining Agreements
Today, U.S. Senator Chris Van Hollen (D-Md.) along with Democratic Leader Chuck Schumer (D-N.Y.), and Senators Angela Alsobrooks (D-Md.), Mark Warner (D-Va.), and Tim Kaine (D-Va.) led the entire Senate Democratic Caucus in urging President Donald Trump to rescind his March 27 executive order to end collective bargaining agreements between public employee unions and dozens of federal agencies and bureaus. In their letter, Van Hollen and the Democratic Senators blasted the move as a “gross overreach” of presidential authority, asserting that the executive order is a clear attempt to gut the federal merit-based civil service and implement a system of political cronyism. They stressed that the order poses a grave threat to the ability of over 1 million federal workers to carry out their missions and deliver important services for the American people – and thus should be rescinded immediately.
“We write today in outrage over your recent executive order entitled Exclusions from Federal Labor-Management Relations Programs, a gross overreach of the authority granted in the Civil Service Reform Act of 1978 (CSRA). This order is an insult to the hardworking public servants who go to work on behalf of the American people,” the Senators began.
“The executive order effectively classifies two thirds of the federal workforce as having national security missions, a blatant misuse of a limited authority intended to provide operational flexibility to address legitimate security needs,” they continued. “There is no evidence that the long-standing collective bargaining agreements at these agencies have jeopardized our nation’s security in any way; to the contrary, the protection collective bargaining has provided for employees allows them to conduct their work on behalf of the American people—including blowing the whistle on fraud or abuse—without political interference.”
“This Administration clearly does not have even a basic understanding of the legally binding nature of federal collective bargaining agreements and is actively trying to bend the law to undermine protections for federal civil servants. We urge you to immediately rescind this illegal executive order so that our dedicated public servants can continue to work on behalf of the American public without fear for their job or political retribution,” the Senators concluded.
The Senators’ letter is endorsed by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), American Federation of Government Employees (AFGE), National Treasury Employees Union (NTEU), International Federation of Professional and Technical Engineers (IFPTE), and Service Employees International Union (SEIU).
Senator Van Hollen, Democratic Leader Schumer, and Senators Alsobrooks, Warner, and Kaine were joined on this letter by Senators Tammy Baldwin (D-Wis.), Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Lisa Blunt Rochester (D-Del.), Cory Booker (D-N.J.), Maria Cantwell (D-Wash.), Chris Coons (D-Del.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Ruben Gallego (D-Ariz.), Kirsten Gillibrand (D-N.Y.), Maggie Hassan (D-N.H.), Martin Heinrich (D-N.M.), John Hickenlooper (D-Colo.), Mazie Hirono (D-Hawaii), Mark Kelly (D-Ariz.), Andy Kim (D-N.J.), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Ben Ray Luján (D-N.M.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Chris Murphy (D-Conn.), Patty Murray (D-Wash.), Jon Ossoff (D-Ga.), Alex Padilla (D-Calif.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Jacky Rosen (D-Nev.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Adam Schiff (D-Calif.), Jeanne Shaheen (D-N.H.), Elissa Slotkin (D-Mich.), Tina Smith (D-Minn.), Raphael Warnock (D-Ga.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.).
A copy of the letter is available here and below.
Dear President Trump:
We write today in outrage over your recent executive order entitled Exclusions from Federal Labor-Management Relations Programs, a gross overreach of the authority granted in the Civil Service Reform Act of 1978 (CSRA).
This order is an insult to the hardworking public servants who go to work on behalf of the American people. They care for our veterans, deliver disaster assistance, prevent wildfires, help farmers improve crop yields, manage health benefits for 9/11 first responders, research treatments and cures for diseases, keep air travel safe, process tax returns, staff our national parks and much, much more. Nearly one third of these dedicated civil servants are veterans seeking to continue their service to our country out of uniform.
The executive order effectively classifies two thirds of the federal workforce as having national security missions, a blatant misuse of a limited authority intended to provide operational flexibility to address legitimate security needs. The national security exemption has existed for nearly 50 years and has been used only sparingly by Republican and Democratic Administrations—including during your first term—to exclude federal offices with an unquestionable core function in intelligence, counterintelligence, or national security. There is no evidence that the long-standing collective bargaining agreements at these agencies have jeopardized our nation’s security in any way; to the contrary, the protection collective bargaining has provided for employees allows them to conduct their work on behalf of the American people—including blowing the whistle on fraud or abuse—without political interference.
Federal employees’ collective bargaining agreements are critical to ensuring they continue to serve the American people with the peace of mind that comes with being protected from unfair labor practices. Unlike in the private sector, federal employee unions in most cases cannot negotiate pay or benefits, which are set by Congress, and they are legally prohibited from striking. The federal collective bargaining agreements do, however, protect federal employees from illegal firings, retaliation, and discrimination. They also promote resources for whistleblowers and veterans. These federal union contracts give employees in the civil service protections from retaliation so they can serve the American people fairly and effectively without partisan political interference.
This executive order, which ruthlessly strips collective bargaining agreements for over one million federal workers, is the most recent attack your Administration has levied against our merit-based civil service in the effort to cut the workforce and replace them with political cronies. While the CSRA does give the president the authority to limit collective bargaining agreements due to national security concerns, the executive order’s direction to terminate mass swaths of federal employee collective bargaining agreements is clearly intended to broadly dismantle the CSRA, which is specifically designed to grant federal employees the right to collective bargaining as a means to resolve workplace issues while maintaining the smooth functioning of government operations.
When the Secretary of Labor testified in February in front of the Senate Health, Education, Labor and Pensions Committee, Members of Congress asked her both in-person and through questions for the record whether she and the Administration would commit to honoring all legally binding collective bargaining agreements signed by federal agencies and labor unions, and whether federal employees have the right to organize and collectively bargain without fear of retaliation. The Secretary answered, “if confirmed, I will follow the law and work with the experts at the Department to understand the collective bargaining process at the Department and the terms and conditions of the collective bargaining agreements in place.” This Administration clearly does not have even a basic understanding of the legally binding nature of federal collective bargaining agreements and is actively trying to bend the law to undermine protections for federal civil servants.
We urge you to immediately rescind this illegal executive order so that our dedicated public servants can continue to work on behalf of the American public without fear for their job or political retribution.
Sincerely,