Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt To Constrain the New President
1. Purpose
The memorandum aims to prevent collective bargaining agreements (CBAs) executed in the 30 days before a new President's inauguration from binding the incoming administration to the previous administration's policies, thus preserving the new President's authority to manage the executive branch.
2. Key Actions And Directives
- Disallow CBAs: Executive departments and agencies are prohibited from creating new contractual obligations, making substantive changes to existing agreements, or extending the duration of agreements during the 30 days before a presidential transition.
- Prompt Rejection of Non-Compliance CBAs: Agency heads must disapprove any agreements that violate the requirements of this memorandum.
- Publication in Federal Register: The Director of the Office of Personnel Management must publish this memorandum in the Federal Register.
3. Important Points
- Exemption for Law Enforcement CBAs: The memorandum's provisions do not apply to collective bargaining agreements primarily covering law enforcement officers.
- Presidential Authority Preservation: The memorandum ensures that the incoming President retains full authority to manage the executive branch without being hindered by prior agreements.
- Severability Clause: In case of conflicting provisions found by a court, those provisions will be severed from the memorandum and rendered inoperative.
- No Enforceable Rights Created: The memorandum clarifies that it does not create any enforceable rights or benefits for individuals against the United States or its entities.
- Legal Authority of the President: The memorandum is issued under the President's constitutional authority and relevant laws, including section 7301 of title 5, USC.
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