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  • NTEU Legal Update — Week of Dec. 8-15
    Posted On: Dec 22, 2025

    NTEU Legal Update — Week of Dec. 8-15

    Your weekly update on NTEU-related litigation challenging the administration's attacks on federal employees.

    * Due to the holidays, the next edition of Legal Update will be January 12.*

    Mass Exclusions Executive Orders             
    As of today, the executive ordersremoving about a dozen federal agencies from coverage of the labor statute are in effect,including atNTEU-represented agencies. As we continue to fight the Presidents unlawful action, dues withholding may continue to start and stop.Your membership will not beterminatedwhile litigationcontinues,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 theexecutive orderstripping 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       
    NTEUischallenging 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 restoredthe 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              
    Theorderstripping union rights from certain AFGE-represented employeesremainsin 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       
    Ajudge on October 1granted the union’s requestfor 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 motionfor a preliminary injunction to block theexecutiveorder stripping union rights fromcertainemployeeswithin the National Weather Service Employees Organization and the Patent Office Professional Association.A hearing was heldDecember 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.  
     

    NTEU’s Challenge to Firings at CFPB             
    NTEU has asked the full appeals court to reinstate a block on mass layoffs at the Consumer Financial Protection Bureau. We await a decision. Also, NTEU and our legal partners asked the district court judge to clarify that mass layoffs are blocked even if the agency refuses to request operating funds. A group of former officials with the Federal Reserve filed a brief in support of NTEU’s motion. Briefing on that motion concluded on Dec. 15, and we await the district court’s decision. (Read more.)  
     

    Shutdown RIFs      
          
    NTEU Joins Challenge to Shutdown RIFs      

    UPDATE: A judgegranted the unions’ requestfor a preliminary injunction blockingreductions-in-forceduring 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 judgesided with AFGE andfound that the Office of Personnel Management unlawfully ordered mass firings of probationary employees across multiple agencies and directed mostdefendant-agencies to correct personnel records and clarify that the employees were not removed based on their job performance. The governmenthas 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 firingsremainsin place while the government appeals.Thestates are opposingthegovernments motion to dismiss the case.  
     

    Civil Service Protection    
       
    NTEU’s Challenge to Schedule Policy/Career    
    NTEU filed a lawsuit on Jan. 20challenging theexecutiveorder to reclassify federalemployeeswith the goalof removingtheirdue process rights. On June 26, the parties agreed to pause the case until OPM has publishedafinal rulerescindingcertain pro-employeeregulations. The administration hasrepresentedthat no federal employees will be reclassifieduntil afterthatrulemaking is complete. 
     

    NTEU Sues Over FOIA Violation 
    UPDATE: NTEU filed a lawsuit on Nov. 14because the administration has failed todiscloselists 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. 

    For more detailed information on these and other cases, see On the Docket.

  • CBA 2017

    2017 Collective Bargaining Agreement

    Our next Monthly Chapter Meeting Lunch:

    Date: Wednesday, December 17, 2025

    Time: Noon  Eastern Time

    Via Zoom


     

    New email (not through the NPS system.)

    nteu296stewards@gmail.com 

    Please contact us through this email. You can also use the "contact us" form of this website

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