Executive Order 13837: Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use
President: Donald J. Trump
Limited and tracked paid union-representation time in federal agencies; revoked in 2021.
Status: Revoked.
Is Executive Order 13837 still in effect? No. Executive Order 14003 revoked Executive Order 13837 on January 22, 2021. OPM stated on February 7, 2025 that rescinding EO 14003 did not immediately reinstate it.
What does Executive Order 13837 do?
EO 13837 addressed official time: paid federal employee time used for union representation under 5 U.S.C. 7131. It directed agencies to limit, specifically authorize, track and disclose that time and to restrict certain union uses of government resources. The administration’s stated objective was reducing the taxpayer cost of representation while keeping employees primarily engaged in agency work. Official source.
The order generally treated a bargaining-unit union-time rate above one hour per employee annually as unreasonable for negotiated time under section 7131(d), subject to an agency-head explanation. That rate was an aggregate measure, not a rule giving every worker exactly one hour. It separately directed employees to spend at least three-quarters of paid time on agency business or required training, while preserving time mandated by sections 7131(a) and 7131(c). Official source.
It also limited free or discounted office space and other resources, reimbursement of nonagency expenses and paid time for certain grievances. The grievance provision preserved exceptions for an employee’s own grievance, testimony and qualifying whistleblower-retaliation challenges. Advance written approval, detailed requests and monitoring systems were designed to make permitted use traceable; the order did not repeal statutory official-time rights. Official source.
Before and after
Before the order
Federal law permitted official time for designated representation activities, with other amounts negotiated under statutory standards. Agreements could contain broad grants of paid union time and agency-provided resources. Before this order, those arrangements were not subject to its particular three-quarters rule, over-one-hour reporting trigger and standardized disclosure schedule. Official source.
After the order
Agencies had to identify an implementation official, consult labor representatives and bring practices into compliance where legally permitted. Current agreements were preserved, with inconsistent provisions to be addressed through lawful notice and renegotiation at the earliest available opportunity. EO 14003 revoked these instructions in 2021. OPM’s 2025 guidance cautioned that repeal of EO 14003 did not itself immediately revive this order. Official source.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Agency heads | Designate implementation official; enforce employee conduct rules within law and agreements; consult unions and pursue lawful renegotiation of inconsistent provisions. | Official reported to OPM within 30 days; general implementation within 45 days. |
| Agency heads / subordinate officials | Explain negotiated or proposed union-time rates above one hour per employee; alert agency head before anticipated proposals. | Head’s report to President through OPM within 15 days; subordinate notice five business days beforehand. |
| Agency authorizing and monitoring officials | Create detailed advance-authorization procedures and monitor official time for authorized use; require renewal of continuing requests. | Systems and procedures within 180 days; ongoing requests renewed at least each pay period. |
| Federal employees using official time | Obtain authorization; observe limits on paid time, lobbying, resources and specified grievance work, subject to statutory exceptions. | Conduct rules generally after 45 days; written approval when agency procedure implemented. |
| OPM Director | Review regulations, propose needed changes, issue standardized reporting form and publish aggregated official-time reports. | Regulatory review 45 days; form 180 days; first annual report June 30, 2020, covering fiscal 2019. |
| Agencies / OPM Labor Relations Group | Submit annual time, compensation, resources and reimbursement data; notify group when bargaining-unit rate exceeds one hour. | Annual submissions on date set by OPM. |
| Chief Human Capital Officers | Consult with OPM on additional implementation guidance. | As guidance is developed; no fixed deadline. |
What happened next
Trump signs the official-time restrictions and reporting order. Official source
The D.C. Circuit directs labor challenges through the statutory review framework rather than the district-court action. Official source
EO 14003 expressly revokes EO 13837. Official source
OPM distinguishes revocation of EO 14003 from immediate reinstatement of EO 13837. Official source
Legal and source detail
How it works legally
Title 5, chapter 71 and section 7131 remained controlling. The order preserved mandatory official time and existing collective bargaining agreements, and disclaimed interference with protected labor rights. It required consistency with law rather than authorizing agencies to ignore bargaining obligations. Its references to whistleblower protection and restrictions on lobbying or political activities likewise operated within existing statutes. The later appellate jurisdiction ruling concerned the proper review route, not a finding that every application of the order was lawful. Official source.
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.
How we checked this
Last checked against the sources above on September 23, 2026. How we research →