Exclusion of the Naval Special Warfare Development Group From the Federal Labor-Management Relations Program
Signed March 11, 1997·William J. Clinton·62 FR 12529
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Amends Executive Order 12171 to add the Naval Special Warfare Development Group to the list of agencies excluded from the federal labor-management relations program established under Chapter 71 of title 5 of the United States Code. The order is based on a presidential determination that the group's primary function involves intelligence, counter-intelligence, investigative, or national security work, and that applying standard labor-management relations rules to it would be inconsistent with national security requirements. The change applies specifically to that Navy unit, excluding it from the collective bargaining and related provisions that otherwise apply to federal employees.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7103(b)(1) of title 5 of the United States Code, and having determined that the Naval Special Warfare Development Group has as a primary function intelligence, counter-intelligence, investigative, or national security work and that the provisions of Chapter 71 of title 5 of the United States Code cannot be applied to this organization in a manner consistent with national security requirements and considerations, Executive Order 12171 of November 19, 1979, as amended, is further amended by adding the following at the end of section 1-205:
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 12171, November 19, 1979
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13039 of March 11, 1997
Exclusion of the Naval Special Warfare
Development Group From the Federal Labor-Management
Relations Program
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 7103(b)(1) of title 5 of the
United States Code, and having determined that the
Naval Special Warfare Development Group has as a
primary function intelligence, counter-intelligence,
investigative, or national security work and that the
provisions of Chapter 71 of title 5 of the United
States Code cannot be applied to this organization in a
manner consistent with national security requirements
and considerations, Executive Order 12171 of November
19, 1979, as amended, is further amended by adding the
following at the end of section 1-205:
“(i) Naval Special Warfare Development Group.”
(Presidential Sig.)
THE WHITE HOUSE,
March 11, 1997.Reproduced from the Federal Register plain-text record, signed March 11, 1997. Typesetting artifacts are removed; no wording is changed.