Mass Exclusions Executive Orders
As of today, the executive orders removing about a dozen federal agencies from coverage of the labor statute are in effect, including at NTEU-represented agencies. As we continue to fight the President’s unlawful action, dues withholding may continue to start and stop. Your membership will not be terminated while litigation continues, and we fight to restore dues withholding.
NTEU’s Challenge to March 27 Order Excluding Barg. Units
UPDATE: We await a decision from the lower court on whether the executive order stripping union rights from employees at multiple agencies is unlawful. An appellate court heard arguments December 15 on whether to reinstate the preliminary injunction and restore union rights while NTEU’s lower court case proceeds. The appeal was argued along with similar lawsuits filed by FEA and AFSA (below) with NTEU as the lead case. (Read more.)
NTEU’s Challenge to August 28 Order Excluding Barg. Units
NTEU is challenging the order that strips union rights from employees in the Office of the Commissioner for Patents within the U.S. Patent and Trademark Office. (Read more).
AFSA’s Challenge to Barg. Unit Exclusions
UPDATE: The American Foreign Service Association has asked an appeals court to block the executive order stripping union rights from employees in the Foreign Service. Oral argument before the appeals court was held on December 15 along with NTEU’s case.
FEA’s Challenge to Barg. Unit Exclusions
UPDATE: A court has restored the union rights of Department of Defense Education Activity employees, pending appeal. Oral argument before the appeals court was held on December 15 along with NTEU’s case.
AFGE’s Challenge to Barg. Unit Exclusions
The order stripping union rights from certain AFGE-represented employees remains in effect while the appeals court considers an injunction to block it. Oral argument before the appeals court is scheduled for January 12.
AFL-CIO Challenge to Barg. Unit Exclusions
A judge on October 1 granted the union’s request for a preliminary injunction, which means the executive order cannot be implemented against employees represented by AFL-CIO.
NWSEO and POPA Challenge to Barg. Unit Exclusions
The organizations filed a motion for a preliminary injunction to block the executive order stripping union rights from certain employees within the National Weather Service Employees Organization and the Patent Office Professional Association. A hearing was held December 10.
CFPB Dismantling
Nonprofits Demand CFPB Obtain Funding
Several nonprofit consumer groups filed a lawsuit December 5 challenging CFPB’s decision not to seek operational funds from the Federal Reserve. The new California case complements NTEU’s case, below.
Shutdown RIFs
NTEU Joins Challenge to Shutdown RIFs
UPDATE: A judge granted the unions’ request for a preliminary injunction blocking reductions-in-force during the government shutdown. Unions are now asking the injunction be extended through Jan. 30, 2026. Unions continue to assess whether the government is honoring the injunction and the funding law which bars RIFs initiated or implemented during the shutdown. On December 4, the judge temporarily blocked layoffs planned at the State Department, and a hearing is scheduled for December 17.
DEI Firings
ACLU Files Class Action Over DEI Firings
The ACLU on Dec. 3 filed a class action lawsuit on behalf of federal employees who were fired based on their work related to diversity, equity and inclusion programs.
Mass Firings of Probationary Employees & RIFs
NTEU's Challenge to Mass Firings & RIFs
We await a decision on the government’s motion to dismiss the case. (Read more.)
AFGE’s Challenge to Mass Probationary Firings
The judge sided with AFGE and found that the Office of Personnel Management unlawfully ordered mass firings of probationary employees across multiple agencies and directed most defendant-agencies to correct personnel records and clarify that the employees were not removed based on their job performance. The government has appealed.
AFGE’s Challenge to Mass RIFs
A lower court blocked RIFs at many agencies, but the Supreme Court stayed that order. The government filed its response to the amended complaint on Dec. 15. This case is pending before the same court as the unions’ shutdown RIF case.
States’ Challenge to Mass Firings at HHS
The preliminary injunction blocking the mass firings remains in place while the government appeals. The states are opposing the government’s motion to dismiss the case.
Civil Service Protection
NTEU’s Challenge to Schedule Policy/Career
NTEU filed a lawsuit on Jan. 20 challenging the executive order to reclassify federal employees with the goal of removing their due process rights. On June 26, the parties agreed to pause the case until OPM has published a final rule rescinding certain pro-employee regulations. The administration has represented that no federal employees will be reclassified until after that rulemaking is complete.
NTEU Sues Over FOIA Violation
UPDATE: NTEU filed a lawsuit on Nov. 14 because the administration has failed to disclose lists of federal positions to be moved to Schedule Policy/Career, as required by the Freedom of Information Act. The government filed its answer on Dec. 15.
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