The President’s record is clear: Trump’s first Supreme Court appointee, Neil Gorsuch, cast the deciding vote in Janus v AFSCME, a “right-to-work” ruling Trump praised for allowing workers to opt out of union dues while freeriding off the benefits of collective bargaining provided by dues-paying members. The president’s two labor secretaries, Eugene Scalia and Lori Chavez-DeRemer, have vigorously peeled away protective regulations for workers. And following the unprecedented firing without cause of Gwen Wilcox, a member of the National Labor Relations Board (NLRB), the federal agency that addresses unfair labor practices and safeguards workers’ rights remains paralyzed by its inability to reach a quorum.
But what sets President Trump apart is his targeting of public sector unions.
In early April, Representatives Jared Golden (D-Maine) and Ryan Fitzpatrick (R-Pa.) introduced bipartisan legislation, “The Protect America’s Workforce Act” (H.R. 2250), to overturn Trump’s executive order and restore all terminated collective bargaining agreements.
During his first term, President Trump issued executive orders targeting federal employee unions, aimed at “weakening their ability to bargain contracts and curtailing the amount of time union representatives can spend helping members with their complaints,” according to Andrea Hsu of NPR’s "Morning Edition." Union officials complained that their ability to file grievances was almost nonexistent.
The president then kicked off his second term with an anti-union executive order, called “Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce,” that allows the reclassification of as many as 10,000 workers, making them at-will employees and stripping union protections. But to this point, no traditional “Schedule F” employees have been reclassified.
Perhaps that’s because President Trump has found an easier path to union busting.
In March, the President cited national security concerns as he directed 22 federal agencies to disregard collective bargaining contracts covering 950,000 federal employees. In late August, he signed a second order “stripping union rights” from 440,000 “employees at six additional agencies,” according to the New York Times. These employees represent the overwhelming majority of unionized federal workers.
Public sector unions have been a bulwark against declining labor power over the past half-century. While private sector unionization has withered to 5.9% (from 35% in the 1950s), unions still represent 32.2% of public employees, according to the latest Bureau of Labor Statistics report. But in only a few months, President Trump has removed union protections from more than a million federal workers, representing over 15% of the 7 million public-sector union members nationwide.
If the president’s moves survive legal challenges, he will be the single biggest union buster in American history, according to data from the Economic Policy Institute.
But there is hope.
In early April, Representatives Jared Golden (D-Maine) and Ryan Fitzpatrick (R-Pa.) introduced bipartisan legislation, “The Protect America’s Workforce Act” (H.R. 2250), to overturn Trump’s executive order and restore all terminated collective bargaining agreements. A companion bill that includes a repeal of the most recent executive order has since been introduced in the Senate.
The bill’s authors need 218 signatures to force a vote against the will of House leadership. As of September 17, it has 216 signatures, including 213 Democrats and 3 Republicans, according to the American Federation of Government Employees.
If passed in the House and Senate, the bill becomes law and overrides Trump’s union-busting executive orders, even if the courts uphold them. The president could then sign the bill into law or veto it and send the legislation back to Congress where an override requires a two-thirds majority in each chamber.
In either case, it remains possible to protect the collective bargaining rights of federal employees. So, call your representatives. Flood their inboxes. Let them know that we intend to stand up for our federal civil servants.
