The three executive orders issued by President Trump on federal employee disciplinary policies and union rights represent the conclusion of a series of administration documents and statements laying the groundwork for them.
Dating to its inception, the administration has argued that the appeals process dissuades management from taking action for poor performance or misconduct, that bargaining has hampered and slowed needed management decisions, and that official time distracts employees from more important duties and represents a taxpayer-funded subsidy to unions.
The administration had made such arguments in its budget proposal, President’s Management Agenda and in other documents and statements. This year the administration further used the 40th anniversary of the Civil Service Reform Act as an opportunity to argue that law is itself in need of reform.
It said it is time to, in its words, “streamline” the disciplinary process and “rebalance” labor-management relations—both of which it characterized imposing unreasonable burdens on agency management. A recent OPM report on official time—and a House hearing that followed—put renewed focus on that time, which has long been targeted by some congressional Republicans.
OPM director Jeff Pon recently said that while some of the administration’s civil service goals would require approval of Congress, others could be carried out through administrative actions including executive orders and OPM directives.
