 Dear CHCOs and Deputy CHCOs,
Due to recent court decisions, agencies are advised that they should resume implementation of Executive Order (E.O.) 14251 consistent with previous OPM guidance. On July 3, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an administrative stay of the federal district court’s decision in American Federation of Government Employees v. Trump (3:25-cv-03070). On June 20, 2025, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) granted a stay in the district court’s decision in American Foreign Service Association v. Trump (1:25-cv-01030). On May 16, 2025, the D.C. Circuit also granted a stay in the district court’s decision in National Treasury Employees Union v. Trump (1:25-cv-00935). No other federal district or appellate court has issued an order that precludes agencies from carrying out the President’s direction in E.O. 14251.
In resuming implementation, agencies should be mindful of previous guidance released by OPM on April 4, 2025 and answers to frequently asked questions released on April 22, 2025. This includes direction not to terminate collective bargaining agreements; refraining from engaging in collective bargaining required by statute; and requesting the U.S. Federal Labor Relations Authority to stay any pending arbitrations or matters before the Authority. Agencies should also continue to adhere to all collective bargaining obligations including contractual obligations for those unaffected bargaining units. Agencies should work with their General Counsel and continue monitoring legal developments in these cases and related litigation.
For more information, agency headquarters-level human resources offices may contact OPM’s Accountability and Workforce Relations office at awr@opm.gov or (202) 606-2930. Other agency employees should contact their agency human resources offices for assistance.
U.S. Office of Personnel Management
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