The Department of Defense’s recent sweeping move to terminate most collective bargaining agreements is creating immediate uncertainty for hundreds of thousands of civilian employees and raising urgent legal and workplace questions.

In early April, Defense Secretary Pete Hegseth directed DoD components to cancel union contracts on extremely short notice. The move is part of a broader effort tied to executive orders 14251 and 14343 from 2025, regarding national security, and reducing waste and fraud, respectively, that have already stripped bargaining rights from large portions of the federal workforce and is sure to face legal challenges.

What Is Collective Bargaining?

Collective bargaining is a process, regulated under the National Labor Relations Act (NLRA), in which an employer, whether federal or private, and a union negotiate wages, hours, benefits, and working conditions of employees who are represented by the union. The outcome is a collective bargaining agreement, which is a binding contract that sets pre-determined terms for a defined period. In 1935, Congress passed the NLRA, making clear that it is the policy of the United States to encourage collective bargaining by protecting workers’ full freedom of association. The NLRA protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation.

Who Do the Cancellations of Collective Bargaining Impact?

The DOD union cancellations of collective bargaining impact most civilian employees within the DoD, and is part of a broader trend of dismantling collective bargaining structures and creating ongoing legal uncertainty across the federal workforce.

Specifically, the cancellations at DoD impact union contracts with the American Federation of Government Employees, the largest federal employee union representing DoD workers.  The exemption to this move is for the bargaining units that make up the Federal Wage System. Certain other unions, including the International Federation of Professional and Technical Engineers and the Federal Education Association, both secured preliminary injunctions blocking implementation of the executive order, which cites a seldom-used provision of the 1978 Civil Service Reform Act to strip two-thirds of the federal workforce of their collective bargaining rights on national security grounds.

Constitutional Protections

DoD employees should be aware that, while union contracts may be ending, statutory and constitutional protections remain in place. DoD employees still retain rights under federal employment laws but must now rely more heavily on individual action rather than union representation. This shift now places greater responsibility on employees to understand and assert their rights through alternative legal channels.

Without union representation, documentation is critical and employees should maintain detailed records of performance evaluations, disciplinary actions, and changes in duty or pay, therefore requiring employees to think differently about protecting themselves. Documentation, timing, and knowing where and how to file a complaint is now more important than ever. It is best to consult with an employment attorney to ensure the best outcome for your case.

If you have questions about your rights as a federal employee, or specifically, collective bargaining and how it may impact you, Tully Rinckey’s team of dedicated federal employment attorneys is available to assist. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Michael C. Fallings focuses his practice on federal sector labor and employment law. Michael has extensive experience litigating cases on behalf of employees at the U.S. Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), and in both state and federal courts. He also has experience negotiating settlement agreements on behalf of federal employees. Michael has received numerous awards, including the 2026 Lawdragon 500 Leading Litigators in America, LawDragon 500 the Next Generation (2024-25), Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers (2025), National Black Lawyers Top 40 under 40, and Super Lawyers Rising Star (2023).