Trump Order Stifles Union Representation at FDA
In a move presumably to make it easier to terminate federal employees, president Trump late last week signed an executive order to remove organized union representation from the majority of government agencies, including FDA and other HHS health agencies. Government watchers are predicting that the order will vigorously be challenged in federal court.
The order comes as the administration is beginning to announce the next round of employee terminations. Last week, HHS said (see earlier story) FDA will lose about 3,500 (18%) of its 19,000 full-time employees under a just-announced HHS restructuring in response to the president’s Department of Government Efficiency (DOGE) Workforce Optimization Initiative executive order. This is in addition to the 1,000 agency probationary employees who were cut last month from its rolls.
A fact sheet announcing the policy document says that Trump cited a rarely used provision of the 1978 Civil Service Reform Act allowing the president to exclude agencies and their subcomponents from collective bargaining rules if the rules “cannot be applied to that agency or subdivision in a manner consistent with national security requirements,” according to Government Executive. University of Maryland School of Public Policy former professor Don Kettl told the news outlet that the Civil Service Reform Act’s national security exemption does not stretch far enough to cover the agencies cited by the Trump administration.
“The president has power to change the conditions under which union representation occurs and to negotiate new contracts when existing ones expire,” he said. “But the president cannot simply wipe away existing agreements.”