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Limiting Lame-duck Collective Bargaining Agreements That Improperly Attempt to Constrain the New President

Excerpt:  “In the final days of the prior administration’s tenure, it purposefully finalized collective bargaining agreements (CBAs) with Federal employees in an effort to harm my Administration by extending its wasteful and failing policies beyond its time in office.  For example, the Department of Education negotiated a CBA on January 17, 2025 — 3 days before I took office — that generally prohibits the agency from returning remote employees to their offices. 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.  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.  Such CBAs inhibit the President’s authority to manage the executive branch by tying his hands with inefficient and ineffective practices.  The Supreme Court has explained that a President ‘cannot choose to bind his successors by diminishing their powers.’ Therefore, it is the policy of the executive branch that CBAs executed in the 30 days prior to the inauguration of a new President, and that purport to remain in effect despite the inauguration of a new President and administration, shall not be approved.”