NTEU Legal Roundup — Week of April 28 to May 2, 2025
 
We know you want to remain informed about NTEU-related litigation challenging the administration's attacks on federal employees and the fight NTEU is bringing to defend our members from these attacks.
 
Stay strong and support one another as we battle for the future of the federal workforce!
 
Mass Firings of Probationary Employees & RIFs

NTEU's Challenge to Probationary Firings and Mass RIFs
Case name: NTEU et al. v. Trump et al.
Court: DC District Court
NO UPDATE THIS WEEK
 
AFGE’s Challenge to Probationary Firings
Case name: AFGE, AFL-CIO et al. v. OPM et al.
Court(s): Northern District of California; 9th Circuit Court of Appeals; Supreme Court
NO UPDATE THIS WEEK
 
AFGE’s Challenge to Mass RIFs
Case name: AFGE, AFL-CIO et al. v. Trump et al.
Court(s): Northern District of California
NEW CASE: A coalition of federal sector unions challenged the direction to agencies to create plans for RIFs and re-organizations of personnel. On May 1, AFGE et al. asked the court for a temporary restraining order to halt implementation of these efforts.
 
States’ Challenge to Probationary Firings
Case name: State of Maryland et al. v. USDA et al.
Court(s): District of Maryland, 4th Circuit Court of Appeals
UPDATE: On April 30, a coalition of former government officials, all Republican, filed an amicus brief in support of the States’ claims.
 
Mass Bargaining Unit Exclusions Executive Order

NTEU’s Challenge to Bargaining Unit Exclusions
Case name: NTEU v. Trump et al.
Court: DC District Court; DC Circuit Court of Appeals
UPDATE: On April 28, the judge issued an opinion explaining his reasoning for granting NTEU’s preliminary injunction. The government filed an appeal of that injunction with the DC Circuit on April 29; it also asked the circuit court for a stay pending appeal. The government was required to ask the judge for a stay before heading to the circuit court. The judge denied the government’s stay request on April 30. The parties will now submit briefs to the DC Circuit related to the stay request.
 
Treasury's Request to Void IRS Contract
Case name: Dept. of Treasury v. NTEU Ch. 73
Court: Eastern District of Kentucky
UPDATE: Briefing is underway. The first round, due May 7, consists of NTEU opposing the government’s motion for summary judgment and the government opposing NTEU’s motion to dismiss and cross-motion for summary judgment. The second round, due May 14, consists of both parties filing replies in support of their own motions.
 
AFGE’s Challenge to Bargaining Unit Exclusions
Case name: AFGE, AFL-CIO et al. v. Trump et al.
Court: Northern District of California
UPDATE: On April 26, the government filed its opposition to the request for a preliminary injunction. In a separate document, the government suggested, without making a formal motion, that the case should be transferred to the Western District of Texas.
 
Government's Request to Void Union Contracts
Case name: Dept. of Defense et al. v. AFGE District 10 et al.
Court: Western District of Texas
NO UPDATE THIS WEEK
 
CFPB Dismantling

Case name: NTEU et al. v. Vought
Court: DC District Court, DC Circuit Court of Appeals
UPDATE: On April 28, in response to an emergency motion, the DC Circuit allowed part of the District Court’s injunction to go back into effect, meaning no RIFs are allowed to be carried out right now.
 
FMCS Dismantling

Case name: AFL-CIO et al. v. FMCS
Court: Southern District of New York
UPDATE: On April 28, AFL et al. filed its reply in support of the request for a preliminary injunction.
  
For more detailed information on these and other cases, see On the Docket.