Executive Order 13760-Exclusions from the Federal Labor-Management Relations Program
Issued 2017-01-12 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Executive Order 13760 removes certain Department of Defense units from the Federal Labor-Management Relations Program, which normally governs union representation and collective bargaining for federal employees. The order specifically exempts agencies and subdivisions within the Army, Navy, Marine Corps, and Air Force that President Obama determined have intelligence, counterintelligence, investigative, or national security work as their primary function. This includes units like the U.S. Army Intelligence and Security Command, Naval Criminal Investigative Service, Marine Forces Cyber Command, and various cyber operations and special operations commands across the military branches.
This action affects civilian employees working in these designated military intelligence, cyber, criminal investigation, and special operations units. These employees lose the ability to form unions or engage in collective bargaining that other federal workers typically have under federal labor law. The order updates a 1979 executive order to reflect reorganization and restructuring that has occurred within the Department of Defense over the decades.
The order states that normal federal labor-management rules cannot be applied to these units "in a manner consistent with national security requirements and considerations." The legal authority cited is a provision in federal law that allows the President to exclude agencies whose work conflicts with national security from the standard labor relations program.
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Official Summary
Administration of Barack Obama, 2017 Executive Order 13760—Exclusions from the Federal Labor-Management Relations Program January 12, 2017 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7103(b)(1) of title 5, United States Code, and in order to reflect the effects of the reorganization and restructuring of the Department of Defense on its agencies and subdivisions exempted from coverage under the Federal Labor-Management Relations Program, it is hereby ordered as follows: Section 1 . Determinations . The agencies and subdivisions of the Department of Defense set forth in section 2 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is further determined that chapter 71 of title 5, United States Code, cannot be applied to these subdivisions in a manner consistent with national security requirements and considerations. Sec. 2 . Department of Defense . Executive Order 12171 of November 19, 1979, as amended, is further amended by: (a) revising section 1–204 to read as follows: "1–204. Agencies or subdivisions of the Department of the Army, Departme