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Implementation of Executive Orders 14251 and 14343
Memo
CHCO memo, February 12, 2026
Text
3 passages
MEMORANDUM TO: Heads of Departments and Agencies FROM: Scott Kupor, Director, U.S. Office of Personnel Management DATE: February 12, 2026 Revised: February 17, 2026 RE: Implementation of Executive Orders 14251 and 14343 Last year, President Trump signed Executive Order 14251, Exclusions from Federal Labor-Management Relations Programs (E.O. 14251), and Executive Order 14343, Further Exclusions From the Federal Labor-Management Relations Program (E.O. 14343), determining that several agencies and agency subdivisions have as a primary function intelligence, counterintelligence, investigative or national security work, and that the provisions of the Federal Service Labor-Management Relations Statute (FSLMRS) cannot be applied to these agencies and agency components consistent with national security considerations. In both E.O. 14251 and E.O. 14343, the President acted consistent with his Commander-in-Chief responsibilities and his authority under 5 U.S.C. § 7103(b) by prioritizing national security mission delivery, managerial effectiveness, and employee accountability to protect the American people. For various reasons, including litigation, implementation of these Executive Orders at certain agencies and agency subdivisions has been delayed. The U.S. Office of Personnel Management (OPM) now advises agencies and agency subdivisions covered by E.O. 14251 and E.O. 14343 that they should proceed to terminate or modify CBAs in order to fully comply with those Executive Orders, as set forth below: •
Covered agencies and agency subdivisions should notify any labor unions and bargaining unit employees impacted by E.O. 14251 or E.O. 14343 that they are terminating any applicable CBAs, whether represented by the National Treasury Employees Union (NTEU) or another labor union. OPM is attaching a template termination notice agencies may modify as required to provide notice. • Agencies must continue to adhere to CBAs with bargaining unit employees and labor unions not excluded from collective bargaining as described in 1-499 of Section 2 of E.O. 14251. Employees excepted from coverage under E.O. 14251 and E.O. 14343 will continue to be represented by their labor unions and subject to the terms of their applicable CBAs. • Agencies and subdivisions identified in E.O. 14251 or E.O. 14343 must report the status of all CBAs for every bargaining unit using the attached spreadsheet to OPM by the first of each month (e.g., March 1, April 1, etc.) until all termination notices are executed and reported. Agencies’ headquarters should only submit one report covering all subordinate components and bargaining units. Agency submissions should be emailed to awr@opm.gov. • This guidance does not apply to bargaining units where there is a currently-applicable court order preventing implementation of the executive orders with respect to those units.
OPM has updated its Frequently Asked Questions regarding E.O. 14251 and E.O. 14343 to reflect the information contained in this Memorandum. Agency labor relations staff should work with agency legal counsel to provide termination notices to the appropriate unions. For additional information, agency headquarters-level human resources offices may contact OPM at awr@opm.gov. Component-level human resources offices must contact their agency headquarters for assistance. cc: Chief Human Capital Officers (CHCOs), Deputy CHCOs, Human Resources Directors, Chiefs of Staff Attachments: • Frequently Asked Questions: Executive Order 14251: “Exclusions from Federal LaborManagement Relations Programs,” Updated February 12, 2026 • Template: Termination of Collective Bargaining Agreements for Agencies subject to Executive Orders 14251 and 14343 • CBA Termination Reporting Spreadsheet 2
About
- Type
- Memo to agency HR chiefs
- Citation
- CHCO memo, February 12, 2026
- Published
- 2026-02-12
- From
- Scott Kupor, Director, Office of Personnel Management
- To
- HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
Cites
- 5 U.S.C. 7103
- E.O. 14251
- E.O. 14343