Union Rights Terminated for Federal Employees Amidst National Security Concerns
Sharda Fornnarino, an outpatient surgery nurse at the Rocky Mountain Regional VA Medical Center in Aurora, Colorado, received unexpected news in early August. The Department of Veterans Affairs announced the termination of nearly all its collective bargaining agreements, giving unions only a few days to vacate federal premises.
Since the 1960s, federal employees have been entitled to join unions and negotiate working conditions. However, they cannot bargain over wages or strike, unlike their private-sector counterparts. Collective bargaining has enabled them to influence policies on disciplinary procedures, parental leave, and overtime management.
The notion that employee input leads to smoother workplace operations and more efficient government is being challenged by President Trump’s recent actions. In March, he issued an executive order that revoked collective bargaining rights for over a million federal workers across numerous agencies. This was followed by the cessation of automatic union dues deductions, impacting the unions’ financial resources. Just before Labor Day, Trump extended this order to include additional agencies.
Legal Battles and Immediate Impacts
Unions responded with lawsuits, accusing the administration of retaliating against them for opposing parts of Trump’s agenda. Although lower courts temporarily blocked the March order, the government appealed. Appeals courts allowed the order to proceed, citing the president’s unique role in safeguarding national security. However, agencies were advised not to end contracts during pending litigation.
Despite ongoing legal proceedings, updated guidance last month allowed several agencies to terminate contracts, with exceptions like the National Treasury Employees Union. As per the American Federation of Government Employees, nine agencies have already canceled agreements.
Fornnarino remains hopeful for a reversal of the decision, though she acknowledges the current loss of union protections.
Union Efforts and Agency Perspectives
Fornnarino, as a union representative, advocated for enhanced safety and training for nurses, resulting in increased security at their facility. She argues these efforts benefit both staff and veterans. Contrastingly, the VA criticized the 750,000 hours spent on union activities by bargaining unit employees, asserting those hours could better serve veterans.
Fornnarino dismisses the VA’s statement as “propaganda.”
Broad Application of National Security Concerns
Trump’s executive orders, based on a federal law provision, permit the termination of collective bargaining rights in agencies with primary national security functions. This authority, previously used sparingly, now affects a wide range of agencies, from the Environmental Protection Agency to the U.S. Agency for Global Media.
While some agencies aligned with Trump’s agenda, like law enforcement and Customs and Border Protection, retain their union rights, this disparity frustrates employees like Cole Gandy. As a trainer for CBP workers at entry points, Gandy notes that his members, who help identify threats, no longer have union protections.
NAAE and other unions highlight these inconsistencies in ongoing lawsuits. Gandy reassures his members of their continued fight to maintain union status.
Concerns Over Workforce Losses
Amidst the uncertainty, several federal workers are choosing to leave their positions, feeling the job’s benefits are no longer sufficient. Employees like Anthony Lee of the FDA express concerns over losing workforce flexibility, a key factor for many in public service.
Although the FDA hasn’t yet ended its union contract, it has ordered the union to vacate its offices. Lee warns that losing skilled professionals in roles critical to public safety, such as chemists and engineers, diminishes institutional knowledge and expertise.
“The current administration underestimates the irreplaceability of these experts,” Lee asserts, noting the harm to public safety due to this attrition.
