HHS the latest to cancel union contracts and implement Trump’s order

The Health and Human Services Department on Friday terminated its union contracts at more than half a dozen agency subcomponents, making it the latest to implement President Trump’s executive order aimed at stripping two-thirds of the federal workforce of their collective bargaining rights.

The March edict cited a seldom-used provision of the 1978 Civil Service Reform Act to outlaw collective bargaining at most federal agencies under the auspices of national security, though police officers, firefighters and the entirety of U.S. Customs and Border Protection are exempt.

After a pair of appellate courts issued stays allowing the administration to implement the executive order while unions’ legal challenges progress, agencies began formally terminating their contracts with unions. This happened despite Office of Personnel Management guidance instructing agencies to wait until the conclusion of litigation.

At HHS, unions have been “de-recognized” within the Office of the Secretary, Office of the General Counsel, the Food and Drug Administration, the Centers for Disease Control and Prevention, the Administration for Strategic Preparedness and Response, the National Institute of Allergy and Infectious Diseases, the National Institutes of Health and the Office of Refugee Resettlement. Impacted unions include the National Treasury Employees Union, the American Federation of Government Employees, the National Alliance of Postal and Federal Employees and United Auto Workers.

“Last week’s action ensures that HHS resources and personnel are fully focused on safeguarding the health and security of the American people,” said HHS spokesman Andrew Nixon in a statement. “By implementing President Trump’s Executive Order 14251, HHS is removing unnecessary obstacles to mission-critical work and space previously used for union activities. This change strengthens our ability to respond rapidly to public health threats, advance national security and deliver results for the American taxpayer.”

Earlier this month, the Veterans Affairs Department was the first to terminate its collective bargaining agreements, followed by the Federal Emergency Management Agency, U.S. Citizenship and Immigration Services, the Agriculture Department’s Food Safety and Inspection Service and Animal and Plant Health Inspection Service and the U.S. Coast Guard.

In an Aug. 14 letter to the Ninth Circuit Court of Appeals, the Trump administration wrote that on the previous day—still after the first round of contract terminations—OPM adjusted its guidance to allow contract terminations for all federal employee unions except NTEU. The move to cancel union contracts at HHS comes as the Trump administration seeks final approval from a federal judge to pursue mass layoffs at the department.

“Due to ongoing litigation, agencies should not terminate, abrogate or repudiate any CBAs with the National Treasury Employees Union until the conclusion of litigation or further guidance,” the new guidance states. “Agencies may choose to terminate, abrogate or repudiate CBAs with other unions, and should consult with their general counsels to assess next steps regarding those CBAs.”

NTEU declined to comment.

Yolanda Jacobs, president of AFGE Local 2883, which represents CDC workers, said the move to cancel their CBA was particularly galling, given the armed attack on the agency’s Atlanta headquarters earlier this month.

“After canceling union contracts less than two weeks after a targeted attack on CDC staff that resulted in the tragic loss of a brave police officer, HHS is moving forward with the illegal firings of hundreds of CDC employees—many of whom the very public health professionals the nation depends on in a crisis,” she said.

Michael Niemeier-Walsh, vice president of AFGE Local 3840, which represents National Institute for Occupational Safety and Health, stressed that unions will continue to fight—and outlive—the current administration, regardless of whether they are official recognized.

“They’re attacking us because they know we are one of the last lines of defense against their effort to dismantle America’s public health system,” he said. “Whether or not HHS recognizes us on paper, we will continue standing together, side-by-side as coworkers, to defend our rights and the nation’s health. As a union, we’re not going anywhere. We’ll still be here when this administration is remembered as one of the most destructive and disingenuous in history.”