A Quiet Administrative Revolution: Changes in bureaucratic procedure are revolutionizing how the administrative state works—potentially reestablishing democratic control.(Donald Devine, 9/08/25, Law & Liberty)
The ruling provision of the OPM guidance directly states that “covered agencies and subdivisions are no longer subject to [certain] collective-bargaining requirements.” As a result, executive agencies no longer must engage in collective bargaining with federal unions. Consequently, the original recognition of the relevant unions no longer applies, and unions lose their status as exclusively recognized labor organizations requiring agency facilitation in collecting union dues.
Agencies are further arguably allowed to proceed with personnel policies generally, including reductions in force. Units covered by the memorandum include the departments of Defense, State, Treasury, Veterans Affairs, Justice, and Homeland Security, and substantial parts of most other major federal agencies. All are directed “to return to the policies of Executive Order 13839” and are “accordingly required to, consistent with applicable law, return performance evaluations to 30 days, and administer discipline and unacceptable performance policies to those set in the first Trump administration and to separate employees for unacceptable performance in appropriate cases.” Union involvement in employee separations was invalidated, and government-paid union positions were eliminated.
A memorandum titled “Restoring Accountability for Career Senior Executives” revived performance management principles requiring actual plans from each top career senior executive to be evaluated by a political superior and reviewed by performance review boards managed by non-career executives. Failure to perform could lead to removal without an appeal to an administrative review. Similar procedures would again cover second-level career supervisors as in the original Carter legislation.
Together, these reforms change the nature of government administration. The union-related changes alone are fundamental. These weaken government unions and associations’ powers, agency fees, and costs, freeing willing career managers and executives to implement the decisions of presidentially appointed agency leaders. Even Democratic President Franklin Roosevelt opposed unionizing federal government employees.