Executive Order 13760: Exclusions From the Federal Labor-Management Relations Program
President: Barack Obama
Excluded specified Defense Department subdivisions from federal collective-bargaining coverage on national-security grounds.
Status: In effect.
Is Executive Order 13760 still in effect? Yes. Active amendment to EO 12171, now operating within a much broader set of 2025 national-security exclusions.
What does Executive Order 13760 do?
EO 13760 amended EO 12171 to exclude named Defense Department commands, offices and subdivisions from chapter 71 of title 5 because their primary functions involved intelligence, counterintelligence, investigative or national-security work. The exclusions affected the covered units rather than abolishing federal labor rights government-wide. They became part of the cumulative EO 12171 schedule; much broader exclusions were ordered in 2025 under EO 14251 and EO 14343, so today’s coverage must be checked against the complete current set and related litigation.
Before and after
Before the order
Some reorganized Defense components were not accurately reflected in EO 12171’s exclusion schedule.
After the order
The named components were outside chapter 71 collective-bargaining coverage.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Defense Department | Identify and apply exclusions to listed subdivisions | Continuing |
| OPM and FLRA | Administer the remaining statutory framework | Continuing |
| Agencies and unions | Assess coverage under all current orders and court rulings | Case-specific |
What happened next
EO 13760 updated the Defense exclusions.
EO 14251 imposed much broader exclusions.
EO 14343 added further exclusions.
Legal and source detail
How it works legally
5 USC 7103(b)(1) authorizes presidential exclusions when an agency or subdivision primarily performs intelligence, counterintelligence, investigative or national-security work and chapter 71 cannot be applied consistently with national security.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- U.S. Code — 5 USC 7103 (opens in a new tab) Official record
- OPM — current exclusion guidance (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 15, 2026. How we research →