Following the news that a federal judge has dismissed significant portions of President Trump’s executive orders on labor and employee relations, the Office of Personnel Management announced it is rescinding much of its previously issued guidance on the three executive orders.
The announcement was made as part of a memo sent to agency heads. OPM Director Jeff Pon wrote:
The U.S. Office of Personnel Management’s (OPM) guidance of July 5, 2018, that was circulated pursuant to issuance of Executive Orders 13836, 13837, and 13839 and that relates to provisions of the Orders that were enjoined should be considered rescinded. OPM guidance relating to the still effective provisions remains in place.
OPM will fully comply with Judge Jackson’s Order and encourages other agencies to consult with their offices of human resources and general counsel to determine proper compliance measures based on the Order. OPM will work with the U.S. Department of Justice to evaluate next steps in this litigation and will provide additional guidance to agencies as appropriate.
A copy of the memo is included below.
If Judge Jackson’s decision is appealed and ultimately overturned in whole or part, OPM would presumably issue further revised guidance for agencies at that time.