NTEU Legal Roundup — Week of May 5-9, 2025 

We want you 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.
 
This week, we’re sharing an update posted by one of our partners, James & Hoffman, on developments related to the mass termination of probationary employees: 
 
Stay strong and let's support one another as we battle for the future of the federal workforce!
 
Mass Firings of Probationary Employees & RIFs

NTEU's Challenge to Governmentwide Mass Firings & RIFs
Case name: NTEU et al. v. Trump et al.
Court: DC District Court
NO UPDATE THIS WEEK
 
AFGE’s Challenge to Mass 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
 
States’ Challenge to Mass Firings
Case name: State of Maryland et al. v. USDA et al.
Court(s): District of Maryland, 4th Circuit Court of Appeals
NO UPDATE THIS WEEK
 
AFGE’s Challenge to RIFs
Case name: AFGE, AFL-CIO et al. v. Trump et al.
Court(s): Northern District of California
UPDATE: On May 9, the district court granted a temporary stop to implementation of the EO, to include any RIFs. The unions must file a request for a preliminary injunction by May 14, with the government opposition due May 19. A hearing on the PI will be held on May 22.
 
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
NO UPDATE THIS WEEK
 
Mass Exclusions Executive Order

NTEU’s Challenge to BU Exclusions
Case name: NTEU v. Trump et al.
Court: DC District Court, DC Circuit Court of Appeals
UPDATE: The government appealed the preliminary injunction granted by the district court and asked that it be paused (letting the Exclusion EO take effect) until its appeal is resolved. On May 6, NTEU filed a brief arguing that the injunction must be kept in place.
 
Treasury's Request to Void IRS CBA
Case name: Dept. of Treasury v. NTEU Ch. 73
Court: Eastern District of Kentucky
UPDATE: The first set of briefs from both parties was filed May 7. The second round, due May 14, consists of NTEU supporting its motion to dismiss and cross-motion for summary judgment and the government supporting its motion for summary judgment.
 
AFGE’s Challenge to BU Exclusions
Case name: AFGE, AFL-CIO et al. v. Trump et al.
Court: Northern District of California
UPDATE: AFGE filed its reply brief in support of a preliminary injunction to halt the effects of the Exclusion EO.
 
Government's Request to Void CBAs
Case name: Dept. of Defense et al. v. AFGE District 10 et al.
Court: Western District of Texas
UPDATE: The government filed a brief opposing AFGE’s motion to dismiss. AFGE’s reply is due May 12.
 
AFSA’s Challenge to BU Exclusions
Case name:  American Foreign Service Association v. Trump et al.
Court: DC District Court
NEW TRACKED CASE: AFSA filed a complaint challenging the Exclusion EO and requested a preliminary injunction. Oral argument was on May 5.
 
FEA’s Challenge to BU Exclusions
Case name: Federal Education Association et al v. Trump et al.
Court: DC District Court
NEW CASE: On May 5, FEA became the latest union to challenge the Exclusion EO.
 
CFPB Dismantling

Case name: NTEU et al. v. Vought
Court: DC District Court, DC Circuit Court of Appeals
UPDATE: NTEU et al. filed a brief in the DC Circuit arguing to keep the preliminary injunction in place. Oral argument is May 16.
 
FMCS Dismantling

AFT’s Challenge to Dismantling FMCS
Case name: AFT, AFL-CIO et al. v. FMCS
Court: Southern District of New York
 NO UPDATE THIS WEEK

States’ Challenge to Dismantling FMCS
Case name: State of Rhode Island et al. v. Trump et al.
Court: District of Rhode Island
NEW CASE: On May 6, the district court in Rhode Island granted the states’ request for a preliminary injunction, pausing the effects of an EO that called for several agencies, including FMCS, to be stripped down to the bare minimum staffing.
 
For more detailed information on these and other cases, see On the Docket.