For those working in the federal government, the first two weeks of President Donald Trump’s second term have been something of a whirlwind. Between the executive orders and memos from the U.S. Office of Personnel Management (OPM), federal employees are facing a lot of unknowns. They’ve been offered deferred resignation, been told to return to in-person work and have been navigating confusion around hiring and funds.
One way that many employees are finding guidance is through communications from their local unions. Unions serve a unique role in the workforce as one of the few true advocates for the employees themselves (rather than the company or management). Whether you’re a part of a union already, thinking about getting involved or just want to know all your options, here’s what you need to know about unions for federal employees.
Federal Unions 101: The Basics
What are the unions for federal employees?
While there is no single entity that acts as a union for all federal employees, there are a few that you’re likely to find in your workplace. For instance, the American Federation of Government Employees (AFGE) is the largest union specifically for federal employees, with more than 800,000 members. Meanwhile, the American Federation of State, County, & Municipal Employees (AFSCME) and the National Association of Government Employees (NAGE) include some federal employees, but also include those in more local areas of the government.
Additionally, there are some unions that are focused on smaller, more specific areas of the federal government, such as the National Treasury Employees Union (NTEU), and those with membership that extends beyond the United States, such as the International Federation of Professional & Technical Engineers (IFPTE).
The right to unionize is guaranteed by law
America has a long history of unionizing and has had protections in place for unions in most sectors since the 1935 National Labor Relations Act. However, this act specifically excludes government employees, so it does not cover public service the same way it protects those in the private sector.
Instead, the right for federal employees to collectively bargain came about in 1962 with former President John F. Kennedy’s Executive Order 10988. This order gave employees the right to join, form or assist labor organizations. While these protections initially existed via a series of executive orders from several different presidents, in 1978 the rights were made law as Title VII of the Civil Service Reform Act.
That same year, the U.S. Federal Labor Relations Authority (FLRA) was established to administer the labor-management relations program. The FLRA gives non-postal federal employees the right to “organize, to bargain collectively, and to participate through labor organizations of their choice in decisions affecting their working lives.” These days, FLRA oversees 2.1 million employees, 1.2 million of whom are represented by 2,200 bargaining units.
Though the FLRA does not apply to postal workers, the United States Postal Service has its own guidance around labor relations, which you can find accessible on their website.
Who can join a union (and who cannot)?
Not everyone can join or start a union. For instance, managers and supervisors are often considered to be legally aligned with the company rather than the employees, meaning they cannot join a union. In addition, those in roles with particularly sensitive information may be prevented from joining a union.
According to the OPM, not all federal government employees are allowed to join a union, but anyone can find out their eligibility by contacting their local human resources department.
Do you have to join a union?
No one can force you to join a union, and there should not be pressure to do so from your coworkers or the union itself. However, any agreement the union reaches through collective bargaining will still apply to all employees of a particular area regardless of whether they are part of the union.
How the new executive orders currently impact federal employees
Within his first two weeks in office, Trump signed executive orders that removed protections for federal employees, ended remote work for federal employees, froze hiring for federal jobs and ended diversity and inclusion programs in the federal government. Though the Trump administration also sent out a (now rescinded) memo via the U.S. Office of Management and Budget (OMB) that froze all federal funding, it has since been blocked by two federal judges.
Though it’s not clear yet what long-term impact these new orders and memos will have, here are some of the ways that they will have an immediate impact on federal employees—and the way that unions are taking action.
The fight for remote working arrangements
According to a Jan. 27 memo from the OMB, all federal agencies are required to submit a plan to OMB and OPM that details how they plan to return employees to in-person work. This plan must be submitted by Feb. 7 and describe the steps, timeline and logistics.
As the memo is written, only those with disabilities, qualifying medical conditions and “other compelling reason[s]” are exempt from the required return to office. Though the initial guidance from OPM stated that applicable laws and collective bargaining agreements must be upheld, a new memo was released on Feb. 3 that stated hybrid working arrangements outlined in union contracts should be ignored by agencies in order to meet compliance with the executive order.
AFGE responded swiftly with a statement where AFGE National President Everett Kelley said, “Union contracts are enforceable by law, and the president does not have authority to make unilateral changes to those agreements.” He went on to add that, “AFGE members will not be intimidated. If our contracts are violated, we will aggressively defend them.”
Given that hybrid and remote workplaces are often not set up to support their staff working in-person at full capacity, it may take some agencies a while to figure out all of the steps and budget involved. Fully remote workers may not have desk space in their agency’s building, and some buildings may simply be too small to accommodate all of its workers being physically present at the same time.
In addition, it’s unclear if relocation incentives will actually be included for those who will have to move a substantial distance in order to comply with this order.
Guarding protections for federal employees
During his first day back in office, President Trump signed executive order “Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce,” which aimed to reclassify federal workers, remove protections and make employees easier to dismiss. This order also revoked former President Joe Biden’s 2021 executive order titled “Protecting the Federal Workforce.”
On Jan. 29, AFGE and AFSCME filed a lawsuit in response (the second lawsuit from the group in response to Trump’s series of executive orders). In a statement, AFGE said that the lawsuit is an effort to “stop the efforts to fire hundreds of thousands of experienced, hard-working Americans who have dedicated their careers to serving their country…”
Protecting confidential data
On Feb. 3, unions filed another lawsuit in response to the Department of the Treasury granting access to confidential data to Elon Musk and the Department of Government Efficiency (DOGE).
Despite its name, DOGE is considered part of the White House, not a Cabinet agency, meaning that unlike most cabinet appointees, DOGE was not confirmed by the legislative branch. Its members and leaders are also not elected officials, and their security clearance and authority as “special government employees” is questionable.
In the lawsuit, the unions assert that members of the Treasury who refused to grant DOGE members unrestricted access to the private, personal and financial information of American citizens faced “punitive measures.”
Should you join a union?
Ultimately, the decision to form or join a union is a personal one that must be made based on the unique circumstances of the individual. If you’re curious whether you qualify for union membership or want to know how to join your local union, AFGE offers some resources to help.
Information provided herein is accurate and up to date as of the time of publication, February 5, 2025 at 1:50 p.m. ET, but subject to change since these situations continue to evolve.
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