On March 27, 2025, President Trump issued Executive Order 14251 entitled Exclusions from Federal Labor-Management Relations Programs. The executive order excludes from federal collective bargaining requirements several agencies and subdivisions that the Administration determined “have as a primary function” intelligence, counterintelligence, investigative, or national security work. The Administration has framed the move as a necessary step to “protect national security.” The scope of the executive order is broad, however, and includes agencies like the Department of Veterans Affairs, certain agencies and subdivisions of the Department of Health and Human Services, the Department of State, and the U.S. Agency for International Development (USAID).
That same day, the U.S. Office of Personnel Management (OPM) released guidance on the executive order’s implementation. The guidance advised that, under the executive order, the agencies and subdivisions identified in the order would no longer be required to engage in collective bargaining with federal unions. This would result in an overwhelming number of federal workers, including foreign service employees at the Department of State and USAID, losing union representation and collective bargaining rights.
Current Status
The American Foreign Service Association (“AFSA”) and other federal employee unions have filed lawsuits challenging the executive order, arguing that the executive order violates, in part, labor management statutes, the separation of powers, and the unions’ First Amendment rights to free speech. In response to these challenges, courts have granted preliminary injunctions in some of the cases, including AFSA’s, temporarily blocking the implementation of the executive order while the litigation proceeds. While these rulings preserve collective bargaining rights for employees represented by unions that secured injunctions, the ultimate outcome of the litigation will determine the executive order’s long-term impact on the federal workforce.
In the meantime, affected federal employees are left questioning what employment rights could change, what rights would remain the same, and how the implementation of this executive order might impact the workforce overall. Although the action will impact both civil service and foreign service employees, this blog post focuses on the foreign service.
What Could Change: How Your Rights Are Enforced
If implemented, the executive order will significantly impact how workplace rights are applied and protected, particularly by eliminating union involvement in key employment matters for foreign service employees in affected agencies. The major changes include:
- Elimination of Union-Supported Grievances – previously, unions filed and litigated grievances on behalf of classes or groups of foreign service employees, providing a collective avenue to address systemic issues. If the executive order is implemented, foreign service employees will lose the ability to pursue group grievances through their union. Instead, they will need to address workplace concerns individually. While foreign service employees may still designate a representative of their choice for individual grievances, they will no longer have union support to advocate on behalf of broader employee interests.
- Greater Management Discretion – without union-negotiated procedures in place, agency leadership and post management could have greater discretion in determining disciplinary actions, reassignments, and other personnel actions which may not be consistent with past practices or other personnel actions taken by management officials at different posts or bureaus within the agency. Protections provided through collective bargaining agreements, such as those that allow the union to have advance notice of formal meetings, disciplinary actions, and reassignments, could be weakened or eliminated. This will reduce safeguards for fairness and consistency across posts and bureaus.
- Loss of Employee Input in Policy Changes – unions previously consulted with agencies on updates to the Foreign Affairs Manual (FAM) and Foreign Affairs Handbooks (FAHs), facilitating employee input on proposed policy changes. If implemented, the executive order would eliminate this established channel for employee participation, reducing transparency and accountability in policy development.
In addition to these broad changes, the OPM guidance instructed impacted agencies to begin reviewing and implementing changes aimed at increasing “performance accountability” and an “effective and efficient government.” These changes include limiting Performance Improvement Plans (PIPs) to 30 days and disregarding contractual RIF protections previously negotiated through collective bargaining agreements.
What Will Not Change: Your Rights Under the FAM and Statutory Regulations
Despite the executive order, foreign service employees will retain critical workplace rights and protections established through the current FAM provisions, the authoritative source of agency policy. The FAM continues to govern several areas, including:
- Assignments and promotions (3 FAM 2400, 3 FAM 2300)
- Performance management (3 FAM 2800)
- Disciplinary processes (3 FAM 4300)
- Leave policies and allowances (3 FAM 3000)
- Retirement (3 FAM 6000)
These policies and procedures are established through agency regulations, not collective bargaining agreements, and therefore remain fully in effect despite the executive order.
Foreign service employees would also still have access to several important, statutorily protected channels for addressing workplace concerns. These include:
- Foreign Service Grievance Board (FSGB)
- Agency’s Office of Civil Rights/ Equal Employment Opportunity (EEO) Office
- Agency’s Office of Inspector General (OIG)
- Office of Special Counsel (OSC)
- Merit Systems Protection Board (MSPB) – for limited issues such as RIFs and whistleblower reprisal claims.
These independent bodies will remain available to foreign service employees.
What You Should Do Now
If you are a foreign service employee in an affected agency, you should:
- Know your rights – familiarize yourself with key FAM chapters, especially those that relate to assignments, conduct, discipline, and performance.
- Document everything – maintain detailed written records of employment decisions, performance feedback, disputes, and other relevant communications.
- Monitor ongoing legal challenges to the executive order:
- Several other unions such as the National Treasury Employees Union (NTEU), the American Federation of Government Employees (AFGE), and the National Association of Government Employees (NAGE) have also filed lawsuits in federal court challenging the legality of the executive order and requested injunctive relief for its affected members.
- Representatives Brian Fitzpatrick (R-PA) and Jared Golden (D-ME) have introduced a bipartisan bill aimed at maintaining all collective bargaining agreements that were in effect prior to the executive order, and the protections they provided for affected federal employees.
- Seek legal advice early – if you believe your rights under the FAM are being violated, consult an employment attorney with experience working with foreign service employees.
While the future of Executive Order 14251 remains uncertain, its potential impact on collective bargaining rights and workplace protections for foreign service employees is significant. Now more than ever, it is important to stay informed and prepared. If you have concerns about how this executive order may affect you and are seeking legal advice, please contact our office for a consultation.
This article also appeared in Federal News Network on June 10, 2025.