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The registerExecutive Order 14003
E.O.14003

Protecting the Federal Workforce

Signed January 22, 2021·Joseph R. Biden Jr.·86 FR 7231

Source

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Plain-language summary

Auto-generated summaryWritten by claude-sonnet-5 from the order’s own text · prompt v4 ·

Sets a policy of protecting and strengthening the career federal workforce and encouraging union organizing and collective bargaining. Revokes Executive Order 13957, which had created a Schedule F excepted service category, and directs agency heads to immediately suspend or rescind related actions, with the Office of Personnel Management (OPM) told to stop processing Schedule F conversions. Also revokes Executive Orders 13836, 13837, and 13839, along with a related 2019 presidential memorandum, all concerning federal labor relations and union time; disbands the Interagency Labor Relations Working Group; and directs affected agencies to review and unwind actions taken under those revoked orders. Requires agencies covered by federal labor-management law to negotiate over certain subjects listed in 5 U.S.C. 7106(b)(1). Directs the OPM Director to report to the President with recommendations for moving federal employees toward a $15-per-hour minimum wage. Includes standard severability and implementation clauses.

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Claimed authority

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered

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

Revokes: EO 13957 of October 21, 2020; EO EO 13836, May 25, 2018; EO 13837, May 25, 2018; EO 13839, May 25, 2018 Revoked by: EO 14148, January 20, 2025; EO 14171, January 20, 2025

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The order, in full

Executive Order 14003 of January 22, 2021

Protecting the Federal Workforce

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. Career civil servants are the
backbone of the Federal workforce, providing the
expertise and experience necessary for the critical
functioning of the Federal Government. It is the policy
of the United States to protect, empower, and rebuild
the career Federal workforce. It is also the policy of
the United States to encourage union organizing and
collective bargaining. The Federal Government should
serve as a model employer.

Sec. 2. Revocation of Schedule F. (a) The creation of a
new Schedule F excepted service category in Executive
Order 13957 of October 21, 2020 (Creating Schedule F in
the Excepted Service), not only was unnecessary to the
conditions of good administration, but also undermined
the foundations of the civil service and its merit
system principles, which were essential to the
Pendleton Civil Service Reform Act of 1883's
repudiation of the spoils system. Accordingly, to
enhance the efficiency of the civil service and to
promote good administration and systematic application
of merit system principles, Executive Order 13957 is
hereby revoked.

    (b) The heads of all executive departments and
agencies (agencies) shall, consistent with law,
immediately suspend, revise, or rescind proposed
actions, decisions, petitions, rules, regulations or
other guidance pursuant to, or to effectuate, Executive
Order 13957. The Director of the Office of Personnel
Management (OPM) shall immediately cease processing or
granting any petitions that seek to convert positions
to Schedule F or to create new positions in Schedule F.

Sec. 3. Revocation of Certain Presidential and
Regulatory Actions. (a) Executive Order 13836 of May
25, 2018 (Developing Efficient, Effective, and Cost-
Reducing Approaches to Federal Sector Collective
Bargaining), is hereby revoked. The Interagency Labor
Relations Working Group is hereby disbanded and the
Director of OPM shall withdraw all materials issued by
this working group that are inconsistent with the
policy set forth in section 1 of this order.

    (b) Executive Order 13837 of May 25, 2018 (Ensuring
Transparency, Accountability, and Efficiency in
Taxpayer-Funded Union Time Use), is hereby revoked.
    (c) Executive Order 13839 of May 25, 2018
(Promoting Accountability and Streamlining Removal
Procedures Consistent with Merit System Principles), is
hereby revoked.
    (d) The Presidential Memorandum of October 11, 2019
(Executive Orders 13836, 13837, and 13839), is hereby
revoked.
    (e) The heads of agencies whose practices were
covered by Executive Orders 13836, 13837, and 13839
(affected agencies) shall review and identify existing
agency actions related to or arising from those orders.
Such actions include:

(i) Actions related to the authorization of union time described in
sections 4(b) and 5(b) of Executive Order 13837;

(ii) Actions related to the system for monitoring the use of union time
described in section 5(c) of Executive Order 13837;

(iii) Guidance promulgated pursuant to section 7(d) of Executive Order
13837;

(iv) Actions taken pursuant to section 8 of Executive Order 13837;

(v) Revisions to discipline and unacceptable performance policies,
including ones codified in bargaining agreements, issued pursuant to
section 7(b) of Executive Order 13839; and

(vii) The final rule entitled “Probation on Initial Appointment to a
Competitive Position, Performance-Based Reduction in Grade and Removal
Actions and Adverse Actions,” 85 Fed. Reg. 65940 (October 16, 2020).

    (f) The heads of affected agencies shall, as soon
as practicable, suspend, revise, or rescind, or publish
for notice and comment proposed rules suspending,
revising, or rescinding, the actions identified in the
review described in subsection (e) of this section, as
appropriate and consistent with applicable law and the
policy set forth in section 1 of this order.

Sec. 4. Ensuring the Right to Engage in Collective
Bargaining. The head of each agency subject to the
provisions of chapter 71 of title 5, United States
Code, shall elect to negotiate over the subjects set
forth in 5 U.S.C. 7106(b)(1) and shall instruct
subordinate officials to do the same.

Sec. 5. Progress Toward a Living Wage for Federal
Employees. The Director of OPM shall provide a report
to the President with recommendations to promote a $15/
hour minimum wage for Federal employees.

Sec. 6. Severability. If any provision of this order,
or the application of such provision to any person or
circumstance, is held to be invalid, the remainder of
this order and the application of such provision to
other persons or circumstances shall not be affected
thereby.

Sec. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    January 22, 2021.

Reproduced from the Federal Register plain-text record, signed January 22, 2021. Typesetting artifacts are removed; no wording is changed.