MTD Urges Congress to Assist in Reinstating Obama Era EO

MTD Urges Congress to Assist in Reinstating Obama Era EO

In a letter to Congress the Metal Trades Department has asked leaders to assist the Department in lobbying President Biden to reinstate Obama Executive Order 13495 which was revoked by Trump in 2019.
The Obama EO 13495, “Non Displacement of Qualified Workers Under Service Contracts,” provided some protection to qualified service workers when a government contracts was replaced with a new contract and successor contractor at the same location.
See the full letter

3.16.21 Correspondence to House-Senate Leaders EO Revocation-Restoration 13495

Guidance for Implementation of Executive Order 14003 – Protecting the Federal Workforce

Guidance for Implementation of Executive Order 14003 – Protecting the Federal Workforce

A memorandum from the Office of Personnel Management (OPM) Acting Director Kathleen M. McGettigan outlines guidance for the implementation of Executive Order 14003 — Protecting the Federal Workforce. See the memo below or download the full pdf.

3-5-2021 Guidance Memo for Implementation of EO 14003 Protecting the Federal Workforce

On January 22, 2021, President Biden signed Executive Order (EO) 14003 on Protecting the Federal Workforce. Section 1 notes that “Career civil servants are the backbone of the Federal workforce” and that “[i]t is the policy of the United States to protect, empower and rebuild the career Federal workforce.” It further notes that “[i]t is also the policy of the United States to encourage union organizing and collective bargaining.”

To advance these policy objectives, the EO revoked the following EOs:

  • EO 13836 of May 25, 2018 – Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining;
  • EO 13837 of May 25, 2018 – Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use;
  • EO 13839 of May 25, 2018 – Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles; and
  • EO 13957 of October 21, 2020 – Creating Schedule F in the Excepted Service

All U.S. Office of Personnel Management (OPM) guidance documents issued pursuant to EOs 13836, 13837, 13839, and 13957 are hereby rescinded. See attached listing of rescinded OPM guidance.

Revocation of EO 13957 – Schedule F

Section 2(a) of EO 14003 revokes EO 13957. Section 2(b) provides that “the heads of all executive departments and agencies (agencies) shall, consistent with law, immediately suspend, revise, or rescind proposed actions, decisions, petitions, rules, regulations, or other guidance pursuant to, or to effectuate, Executive Order 13957.” It further provides that “[t]he Director of the Office of Personnel Management (OPM) shall immediately cease processing or granting any petitions that seek to convert positions to Schedule F or to create new positions in Schedule F.”

Agency actions to identify and establish Schedule F positions are to cease immediately. Agencies are to refrain from submitting to OPM any Schedule F list of positions already identified and should handle any materials related to Schedule F pursuant to statutes and regulations governing Federal records and any agency-specific policies governing materials related to revoked policies.

(Questions about how to handle such records should be directed to the National Archives and Records Administration.)

OPM approvals of agency petitions to move positions to Schedule F are revoked. Any agency that received such an approval must cancel any actions taken based on OPM approval of the agency’s petition.

Revocation of EOs 13836, 13837, 13839 and Certain Presidential and Regulatory Actions

Section 3(a) of EO 14003 revokes EO 13836. It also disbands the Interagency Labor Relations Working Group (LRG). All materials issued by the LRG are hereby rescinded. See attached listing. Agencies retain the authority to draft proposals and take positions during collective bargaining that are consistent with law and arrived at using independent judgment, taking into account agency-specific circumstances and Executive Branch policy on collective bargaining.

Section 3(b) revokes EO 13837. Section 3(c) revokes EO 13839. Section 3(d) revokes the Presidential Memorandum of October 11, 2019 (EOs 13836, 13837 and 13839).

Direction to Heads of Agencies

Section 3(e) of EO 14003 directs heads of agencies whose practices were covered by EOs 13836, 13837, and 13839 (affected agencies) to review and identify existing agency actions related to or arising from those orders. Section 3(f) provides that “[t]he heads of agencies shall, as soon as practicable, suspend, revise, or publish for notice and comment proposed rules suspending, revising, or rescinding, the actions identified in the review” described in Section 3(e), “as appropriate and consistent with applicable law and the policy set forth in section 1” of the EO. This includes, but is not limited to, the following actions:

  • Actions taken pursuant to EO 13836 – Agency actions intended to implement any requirement of EO 13836 shall cease immediately. Affected agencies shall immediately stop implementation of EO 13836, as follows:
  • Affected agencies shall, as appropriate and consistent with applicable law and the policy articulated in EO 14003, and as soon as practicable, suspend, revise or rescind the actions covered in any agency policies, if applicable, implementing requirements pursuant to EO 13836.
  • Affected agencies must withdraw any collective bargaining proposals in on-going collective bargaining which are intended to implement EO 13836 and, as necessary, draft proposals consistent with law, the policy articulated in EO 14003, and taking into account agency-specific circumstances, as appropriate. This includes any related matter currently pending before the Federal Mediation and Conciliation Service (FMCS) and the Federal Service Impasses Panel (FSIP).
  • To the extent affected agencies successfully renegotiated any CBA provisions intended to implement any requirements of EO 13836 (e.g. collective bargaining procedures, ground rules, permissive bargaining, etc.), agencies must identify those provisions and, as appropriate and consistent with applicable law and the policy articulated in EO 14003, engage impacted unions, as soon as practicable, to suspend, revise or rescind the actions covered in these CBA provisions.1 In carrying out this task, agencies should take a hard look at the degree to which, if any, EO 13836 influenced bargaining-table strategy and decision making. EO 14003 neither requires nor prohibits affected agencies from reopening CBAs on other matters not related to subjects covered by EO 13836.
  • In addition, although agencies are no longer required to submit CBAs and arbitration decisions to the OPM CBA public database in accordance with Section 8 of EO 13836, OPM, under its own statutory and regulatory authority, is still requiring that agencies submit to OPM, within 10 days of issuance, any arbitration awards under 5 U.S.C. §7121(e ) and (f) relating to actions taken under Chapter 43 and Chapter 75, United States Code, for analysis in accordance with OPM’s authority under 5 U.S.C §7703(d). OPM also requires that other arbitration awards must be submitted within 30 days of issuance. Agencies should continue to provide OPM with copies of collective-bargaining agreements in the manner preceding issuance of EO 13836.2

Actions related to the authorization of official time described in sections 4(b) and 5(b) of EO 13837 – Agency actions intended to implement sections 4(b) and 5(b) of EO 13837 shall cease immediately, including as follows:

  • Affected agencies shall, as appropriate and consistent with applicable law and the policy articulated in EO 14003, and as soon as practicable, suspend, revise or rescind the actions covered in any agency policies, if applicable, implementing requirements pursuant to sections 4(b) and 5(b) of EO 13837.
  • Affected agencies shall, as soon as practicable, suspend, revise, or rescind existing agency actions taken to implement sections 4(b) and 5(b) of EO 13837 and, as necessary, establish procedures regarding approval of official time, subject to any collective bargaining obligations under 5 U.S.C. §7131.
  • To the extent affected agencies successfully renegotiated any CBA provisions intended to implement requirements of sections 4(b) and 5(b) of EO 13837 (e.g. official time approval procedures, etc.), agencies must identify those provisions and, as appropriate and consistent with applicable law and the policy articulated in EO 14003, engage impacted unions, as soon as practicable, to suspend, revise or rescind the actions covered in these CBA provisions.3 In carrying out this task, agencies should take a hard look at the degree to which, if any, EO 13837

1 This includes collective bargaining agreements where such matters were imposed by a decision of the Federal Service Impasses Panel and matters pending in agency head review in accordance with 5 U.S.C §7114(c). To the extent agencies were complying with the terms of an expired CBA immediately prior to implementing any EO 13836 requirements, agencies must revert to prior practices until a new agreement is negotiated with the union. 2 CBAs should continue to be uploaded to the OPM public database in a Portable Document Format (PDF) file format conformant with the standards of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d) and 36 CFR Part 1194). When formatting the CBA in preparation for submission to OPM, agencies should not include any actual signatures, individual names, or other personal identifiers. Agencies may simply remove the signature page from the CBA or redact individual signatures, names, and other personal identifiers.


3 This includes collective bargaining agreements where such matters were imposed by a decision of the Federal Service Impasses Panel and matters pending in agency head review in accordance with 5 U.S.C §7114(c). To the extent agencies were complying with the terms of an expired CBA immediately prior to implementing any EO 13837 requirements, agencies must revert to prior practices until a new agreement is negotiated with the union.


Actions related to the system for monitoring the use of official time described in section 5(c) of EO 13837 – Agency actions intended to implement section 5(c) of EO 13837 shall cease immediately, including as follows:

  • Affected agencies shall, as soon as practicable, suspend, revise, or rescind existing agency actions, including in any agency’s policies, taken to implement section
    5(c) of EO 13837 and, as necessary, establish procedures for monitoring official time use, subject to any collective bargaining obligations under 5 U.S.C.
    § 7131.
  • Affected agencies must withdraw any collective bargaining proposals in on-going collective bargaining which are intended to implement section 8 of EO 13837 and, as necessary, draft proposals consistent with law, the policy articulated in EO 14003, and taking into account agency-specific circumstances, as appropriate. This includes any related matter currently pending before the FMCS and the FSIP.
  • To the extent affected agencies successfully renegotiated any CBA provisions intended to implement requirements of section 5(c) of EO 13837 (e.g. official time monitoring, etc.), agencies must identify those provisions and, as appropriate and consistent with applicable law and the policy articulated in EO 14003, engage impacted unions, as soon as practicable, to suspend, revise or rescind the actions covered in these CBA provisions.4 In carrying out this task, agencies should take a hard look at the degree to which, if any, EO 13837 influenced bargaining-table strategy and decision making.
  • EO 14003 neither requires nor prohibits affected agencies from reopening CBAs on other matters not related to subjects covered by EO 13837.

Actions taken pursuant to section 8 of EO 13837 – Agency actions taken pursuant to section 8 of EO 13837 shall cease immediately, including as follows:

  • Affected agencies shall, as appropriate and consistent with applicable law and the policy articulated in EO 14003, and as soon as practicable, suspend, revise or rescind the actions covered in any agency policies, if applicable, implementing requirements pursuant to section 8 of EO 13837.
  • Affected agencies must withdraw any collective bargaining proposals in on-going collective bargaining which are intended to implement section 8 of EO 13837 and, as necessary, draft proposals consistent with law, the policy articulated in EO 14003, and taking into account agency-specific circumstances, as appropriate. This includes any related matter currently pending before the FMCS and the FSIP.

4 This includes collective bargaining agreements where such matters were imposed by a decision of the Federal Service Impasses Panel and matters pending in agency head review in accordance with 5 U.S.C §7114(c). To the extent agencies were complying with the terms of an expired CBA immediately prior to implementing any EO 13837 requirements, agencies must revert to prior practices until a new agreement is negotiated with the union.

To the extent affected agencies successfully renegotiated any CBA provisions intended to implement any requirements of EO 13837 (e.g. official time limits, union offices, etc.), agencies must identify those provisions and, as appropriate and consistent with applicable law and the policy articulated in EO 14003, engage impacted unions, as soon as practicable, to suspend, revise or rescind the actions covered in these CBA provisions.5 In carrying out this task, agencies should take a hard look at the degree to which, if any, EO 13837 influenced bargaining-table strategy and decision making. EO 14003 neither requires nor prohibits affected agencies from reopening CBAs on other matters not related to subjects covered by EO 13837.

Revisions to discipline and unacceptable performance policies, including ones codified in bargaining agreements, issued pursuant to section 7(b) of EO 13839 –Agencies shall immediately stop implementation of EO 13839, including as follows:

  • Affected agencies shall, as appropriate and consistent with applicable law and the policy articulated in EO 14003, and as soon as practicable, suspend, revise or rescind the actions covered in any agency policies implementing requirements pursuant to section 7(b) of EO 13839.
  • Affected agencies must withdraw any collective bargaining proposals in on-going collective bargaining that are intended to implement requirements of section 7(b) of EO 13839 and, as necessary, draft proposals consistent with law and taking into account agency-specific circumstances, as appropriate. This includes any related matter currently pending before the FMCS and the FSIP.
  • To the extent affected agencies successfully renegotiated any collective bargaining agreement (CBA) provisions intended to implement requirements of 7(b) of EO 13839, agencies must identify these provisions and, as appropriate and consistent with applicable law and the policy articulated in EO 14003, engage impacted unions, as soon as practicable, to suspend, revise or rescind the actions covered in these CBA provisions.6 In carrying out this task, agencies should take a hard look at the degree to which, if any, EO 13839 influenced bargaining-table strategy and decision making. This includes matters currently pending in agency head review in accordance with 5 U.S.C. §7114(c).
  • Agency actions to implement any other requirements of EO 13839 must cease immediately. This includes the requirement to submit certain data required by Section 6 of EO 13839. Agencies are to refrain from submitting to OPM any such data and should handle any such data as required by statutes and regulations governing Federal records and any applicable policies governing materials related to revoked policies.

5This includes collective bargaining agreements where such matters were imposed by a decision of the Federal Service Impasses Panel and matters pending in agency head review in accordance with 5 U.S.C §7114(c). To the extent agencies were complying with the terms of an expired CBA immediately prior to implementing any EO 13837 requirements, agencies must revert to prior practices until a new agreement is negotiated with the union. 6 This includes collective bargaining agreements where such matters were imposed by a decision of the Federal Service Impasses Panel and matters pending in agency head review in accordance with 5 U.S.C §7114(c). To the extent agencies were complying with the terms of an expired CBA immediately prior to implementing EO 13839 requirements, agencies must revert to prior practices until a new agreement is negotiated with the union.

EO 14003 neither requires nor prohibits affected agencies from reopening CBAs on other matters not related to subjects covered by EO 13839.


Direction to OPM

Section 3(e)(vii) and Section 3(f) of EO 14003 require OPM to review, identify, revise and rescind OPM actions arising from the final rule entitled “Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse actions” published in the Federal Register on October 16, 2020 and effective on November 16, 2020. OPM is preparing proposed rule changes for notice and comment in the Federal Register which will revise or rescind certain OPM regulations. In the near future, this will be made available to agencies, employee groups and the public for comment. However, agencies should not delay in implementing the requirements of Section 3(e) of EO 14003 as it relates to any changes to agency policies made as a result of OPM’s regulations.

Section 3(e)(iii) requires OPM to rescind any guidance promulgated pursuant to section 7(d) of EO 13837. See attached listing of rescinded OPM guidance.

Ensuring the Right to Engage in Collective Bargaining

Section 4 of the EO provides that “[t]he head of each agency subject to the provisions of chapter 71 of title 5, United States Code, shall elect to negotiate over the subjects set forth in 5 U.S.C.  §7106(b)(1) and shall instruct subordinate officials to do the same.”

These subjects cover the numbers, types and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, and the technology, methods and means of performing work. A failure by agency managers to engage in bargaining over the subjects covered by 5 U.S.C. 7106(b)(1) would be inconsistent with the President’s Directive. Therefore, in order to carry out the policy decision of the President reflected in the EO, agencies must commence bargaining in good faith over all of these subjects.

Bargaining over §7106(b)(1) subjects should occur with the following principles in mind:

  1. Agency and union representatives will bargain over §7106(b)(1) subjects in good faith with the objective of reaching an agreement.
  2. In the event the parties are unable to reach an agreement, either party may seek the assistance of the Federal Mediation and Conciliation Service (FMCS) as well as any other mutually agreed-upon dispute resolution process in accordance with 5 U.S.C. § 7119(a). Every effort should be made to reach agreements that address the interests of both parties.
  3. If FMCS assistance does not result in an agreement, either party may, in accordance with 5 U.S.C. §7119(b), take the impasse to the Federal Service Impasses Panel to resolve the impasse or to an arbitrator agreed upon by the parties to resolve the impasse under procedures approved by the Panel.
  4. In the event of an agency head review of a Panel-ordered resolution, the agency may not disapprove the Panel-ordered resolution because it is a §7106(b)(1) subject.
  5. In order to implement the policies of the Executive Order, agencies shall agree to bargain over the substance of §7106(b)(1) subjects, whether at the union’s request (e.g. midterm bargaining request) or as the result of a proposed agency action (e.g. union responding to an agency notice of a pending change subject to collective bargaining).

Because bargaining over these subjects has most recently been at the discretion of the agency, it may be a new experience for some management and union representatives, and OPM is available to provide technical assistance to support implementation of this policy.

Progress Toward a Living Wage for Federal Employees

Section 5 of the EO provides that the “Director of OPM shall provide a report to the President with recommendations to promote a $15/hour minimum wage for Federal employees.” OPM is conducting an analysis of its authorities and will work with the Chief Human Capital Officers to gather any information necessary to complete this report.

Questions

Agency headquarters-level human resources offices may contact OPM’s Accountability and Workforce Relations office at awr@opm.gov or (202) 606-2930 with questions related to this guidance. Employees should contact their agency human resources offices for assistance.

3-5-2021 Guidance Memo for Implementation of EO 14003 Protecting the Federal Workforce

Under Biden EO 13985, OPM to Play Critical Role in Administration’s Efforts to Advance Diversity, Equity, Inclusion and Accessibility

Under Biden EO 13985, OPM to Play Critical Role in Administration’s Efforts to Advance Diversity, Equity, Inclusion and Accessibility


On January 20, 2021, President Biden issued Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,[1] which states, “the Federal Government should pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.” The Order revoked Executive Order 13950, Combating Race and Sex Stereotyping,[2] which prohibited agencies from presenting any training or distributing or displaying any materials related to diversity and inclusion unless the U.S. Office of Personnel Management (OPM) had first determined such materials complied with the Order.

This memorandum rescinds and replaces OPM’s October 2, 2020 memorandum, Mandatory Review of Employee Training Under Executive Order 13950. Separately, related Office of Management and Budget (OMB) guidance – memoranda M-20-34 and M-20-37 , were made moot by Executive Order 13985’s revocation of Executive Order 13590.

Agencies are, therefore, no longer required to submit training material to OPM for approval and may also resume using training materials previously deemed “non-compliant” by OPM under Executive Order 13590. Executive Order 13985 instructs the heads of agencies to review and identify proposed and existing agency actions related to or arising from Executive Order 13950, and within 60 days, consider suspending, revising, or rescinding those actions.

Moving forward, OPM will play a critical leadership role in the Administration’s governmentwide efforts to advance diversity, equity, inclusion and accessibility (DEIA) and we encourage all agencies to continue DEIA activities which include training and educating your workforce.

President Trumka Interview on Axios

AFL-CIO president Richard Trumka told Jonathan Swan in an interview for “Axios on HBO” that he wished President Biden hadn’t canceled the Keystone XL pipeline his first day in office — because it will cost some good-paying union jobs.

Why this matters: Organized labor is crucial to the Biden coalition. But there are significant tensions among environmentalists, the president’s team addressing climate change and some parts of the labor movement.

  • The Laborers’ International Union of North America said the Keystone decision will cost 1,000 existing union jobs and 10,000 projected construction jobs.
  • “The Laborers’ International was right,” said Trumka.

Between the lines: Trumka said he thought Biden had learned a lesson from his Keystone announcement and that he hopes the president will pair any future decisions that would kill union jobs with simultaneous and specific announcements about how those jobs would be replaced.

  • “If you destroy 100 jobs in Greene County, Pennsylvania, where I grew up, and you create 100 jobs in California, it doesn’t do those 100 families much good,” Trumka said.
  • “If you’re looking at a pipeline and you’re saying we’re going to put it down, now what are you going to do to create the same good-paying jobs in that area?”
  • Trumka also appeared to be uneasy — pausing for a few seconds and ducking the question — when asked whether he was comfortable with Biden’s plan to ban fracking on federal lands.
  • White House spokesman Vedant Patel said, “President Biden has proposed transformative investments in infrastructure that will not only create millions of good union jobs but also help tackle the climate crisis.”

The bottom line: Trumka, who started his career as a coal miner, signaled he will have no patience for promises of retraining programs as consolation for union workers forced from their jobs.

  • “You know, when they laid off at the mines back in Pennsylvania, they told us they were going to train us to be computer programmers.”
  • “And I said, ‘Where are the computer programmer jobs at?’ ‘Uh, they’re in, uh, Oklahoma and they’re in Vegas and they’re here.’ And I said, ‘So, in other words, what we’re going to be is unemployed miners and unemployed computer programmers as well.'”

People “love where they live and they love the people in that area,” Trumka said. “And to them, that’s home. And that’s their culture.”

  • “I think what doesn’t get understood quite enough in the country, particularly in D.C. politics, is that that culture is very, very important to the people who live there.”

Editor’s note: Updates with White House comment.

Philly Shipyard Awarded Two Additional National Security Multi-Mission Vessels

Philly Shipyard Awarded Two Additional National Security Multi-Mission Vessels

Philly Shipyard, Inc., the sole operating subsidiary of Philly Shipyard ASA (OSE: PHLY) today announced the authorization by the U.S. Department of Transportation’s Maritime Administration (MARAD) and subsequent order from TOTE Services, LLC (TOTE Services) for the construction of two additional National Security Multi-Mission Vessels (NSMVs). These vessels will replace aging training vessels at Maine Maritime Academy and Texas A&M Maritime Academy. Construction of the two new vessels (NSMVs 3 and 4) is expected to commence in 2022 with planned deliveries in 2024.

See the press release

Press Release - NSMV Options 3 and 4 - 1.19.2021_F

Related articles: