President Donald J. Trump has issued a memorandum restricting last-minute collective bargaining agreements (CBAs) made by federal agencies in the final days of the previous administration, arguing that such agreements improperly constrain the authority of an incoming president.
The memorandum, titled “Limiting Lame-Duck Collective Bargaining Agreements That Improperly Attempt to Constrain the New President,” states that CBAs executed within 30 days before a new administration takes office will not be approved if they create new obligations, alter existing agreements, or extend their duration.
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President Trump cited a January 17, 2025, agreement by the Department of Education—just three days before his inauguration—as an example of this issue. The agreement prohibited the agency from returning remote employees to in-person work, a policy Trump has been critical of.
“Such last-minute, lame-duck CBAs, which purport to bind a new President to his predecessor’s policies, run counter to America’s system of democratic self-government,” the memorandum states. “CBAs quickly negotiated to include extreme policies on the eve of a new administration are purposefully designed to circumvent the will of the people and our democracy.”
Trump also cited Supreme Court precedent, emphasizing that a President cannot bind his successors by diminishing their executive powers.
The directive prohibits federal agencies from making CBAs within 30 days of a change in presidential administrations if they:
- Create new contractual obligations
- Make substantive changes to existing agreements
- Extend the duration of an existing agreement
Additionally, the memorandum:
- Requires agency heads to disapprove CBAs that violate these terms if they have not yet been approved.
- Exempts law enforcement officer CBAs from these restrictions.
- Directs the Office of Personnel Management (OPM) to publish the memorandum in the Federal Register.
This policy is likely to spark pushback from federal employee unions, which have traditionally negotiated agreements with outgoing administrations to secure favorable working conditions before a transition in power.
Union leaders have previously criticized Trump’s labor policies, particularly his first-term executive orders limiting collective bargaining rights and removing civil service protections.
Supporters of the policy, however, argue that CBAs should not be rushed through in the final weeks of an administration, particularly when they impose long-term policy commitments that a new president should have the authority to change.
With the memorandum in effect, agencies will be required to review and potentially void last-minute agreements that were implemented before Trump took office. Federal unions are expected to challenge the directive, possibly leading to legal battles over executive authority and labor rights.
The Office of Personnel Management will oversee the implementation, and any legal challenges could test the limits of a president’s authority over federal labor relations policies.
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