Trump is the biggest union-buster in U.S. history: More than 1 million federal workers’ collective bargaining rights are at risk
Since Inauguration Day, the Trump administration has taken a flurry of actions that have put our federal agencies, economy, and democracy at risk. One alarming line of attack that directly threatens workers’ economic security has been on labor unions and workers’ right to engage in collective action.
For decades, large corporations and unscrupulous employers have undermined workers’ right to collective bargaining. But throughout this period, the federal government has largely recognized the existence of these rights and respected the independent bodies that enforce our labor laws. No more. Trump has tossed aside the rule of law and advanced a strategy to not only weaken but effectively eliminate many workers’ ability to engage fully in collective action and bargaining. Below are some of Trump’s most egregious actions so far.
Union-busting the federal workforce. In March, Trump issued an executive order that stripped union protections from more than 1 million federal workers across dozens of federal agencies. And in advance of Labor Day, Trump issued another executive order expanding these actions to additional agencies. Despite ongoing litigation, some agencies have unilaterally canceled collective bargaining agreements with the unions that represent its employees. For example, the Department of Veterans Affairs announced in early August that union contracts for 400,000 employees were terminated, eliminating crucial protections for federal workers.
As the federal workforce continues to be under attack, unions are crucial to protecting these workers’ jobs and ensuring a fair transition and compensation in the event of large-scale downsizing at agencies. Trump’s action represents the single largest retaliatory action against unions and workers and sends an alarming signal to employers across the country. Trump cited thinly veiled national security reasons to pursue these blatantly retaliatory actions against unions that were fighting back against Trump’s attack on the federal workforce. The federal government should be modeling high-road employer practices. Instead, Trump has implemented the most egregious union-busting tactics and normalized illegal actions for private-sector employers across the country.
Stacking the National Labor Relations Board (NLRB) in his favor. In January, Trump fired NLRB Board member Gwynne Wilcox and severely jeopardized the independence of the agency. When Trump fired Wilcox, he cited that her opinions on the Board had “unduly disfavored” employers—an implicit warning about how any future Board members should rule if they want to keep their jobs.
With only one member remaining on the Board—and therefore unable to meet quorum—the NLRB cannot hear cases on unfair labor practices or union representation, nor can it issue decisions. While Wilcox continues to fight her firing in court, Trump has nominated Scott Mayer and James Murphy to be Board members. If confirmed, the NLRB would have enough members to establish a quorum and a Republican majority. If Mayer and Murphy are confirmed, workers and unions are likely to find their cases ultimately before a Board that is heavily influenced, if not controlled by, Trump and the interests of bosses over workers.
Undercutting efforts to foster and support labor-management mediation. In March, Trump directed the Federal Mediation and Conciliation Service (FMCS) to eliminate “non-statutory components” and to “reduce the performance of their statutory functions and associated personnel to the minimum presence and function required by law.” Since 1947, the FCMS has helped resolve difficult labor disputes, especially those that have resulted in strikes. There is a clear interest for the federal government to encourage parties to continue engaging in the collective bargaining process: workers who go on strike can experience economic hardship and broader economic impacts may be felt. Trump’s directive to undermine the FMCS, however, signals to employers and labor the exact opposite. At a time when employer power usually far outweighs worker power—and unions struggle to secure first-time contracts—Trump’s actions may have a significant chilling effect on workers’ ability to get employers to engage in good faith at the bargaining table.
In the coming months, we will no doubt continue to see more attacks undermining workers’ right to organize and collectively bargain. You can find a comprehensive catalogue of all policies relevant to working people and the economy at Federal Policy Watch, an EPI online tool documenting actions by the Trump administration, Congress, federal agencies, and the courts.
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