On January 22, President Biden issued Executive Order 14003 to nullify the creation of Schedule F in the Excepted Service. The EO also revokes EOs 13836 of May 25, 2018 (Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining), 13837 of May 25, 2018 (Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use), and 13839 of May 25, 2018 (Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles). 

On March 5, OPM released guidance on implementation of EO 14003. You can find this guidance at FMA’s website, www.fedmanagers.org, or by clicking here.

FMA supported many elements of EOs 13836, 13837, and 13839, which were rescinded by EO 14003. Additionally, FMA broadly supported the final rule entitled “Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions,” 85 Fed. Reg. 65940 (October 16, 2020). We note the importance of ensuring that managers have tools available to address employees with unacceptably low performance is unquestionable. 

FMA urged the Biden administration and Congress to engage in a deliberate process of consulting with stakeholders, including management and unions, to create a better and universally acceptable system for providing accountability and ensuring that the federal government is serving the American people in the most efficient manner possible.