NTEU Legal Roundup — Week of May 12–16, 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. 

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
UPDATE: On May 15, the government filed a motion to dismiss NTEU’s complaint.  
 
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
UPDATE: A preliminary injunction is in place. The government appealed the injunction to the circuit court. The government’s opening brief is due on May 22.

AFGE’s Challenge to RIFs 
Case name:?AFGE, AFL-CIO et al. v. Trump et al.
Court(s): Northern District of California; 9th Circuit Court of Appeals; Supreme Court 
UPDATE: A temporary restraining order stopping implementation of the EO, to include any RIFs, is in place. The government appealed the TRO to the circuit court. The unions filed a request for a preliminary injunction (seeking a longer hold) on May 14. 
 
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
STATUS: Briefing on the appeal to the merits of the preliminary injunction (currently stayed) concluded on April 30, and arguments were held May 6. Awaiting a decision from the circuit court. 
 
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: On May 16, the DC Circuit granted the government’s request for a stay of the preliminary injunction. NTEU is evaluating next steps to include requesting that the entire circuit court rehear the case.  
 
Treasury's Request to Void IRS CBA
Case name: Dept. of Treasury v. NTEU Ch. 73
Court: Eastern District of Kentucky
UPDATE: On May 14, NTEU filed reply briefs supporting its motions to dismiss and cross-motion for summary judgment and the government filed its reply supporting its motion for summary judgment. Awaiting a decision from the court.  
 
AFGE’s Challenge to BU Exclusions
Case name: AFGE, AFL-CIO et al. v. Trump et al.
Court: Northern District of California
UPDATE: Briefing on the request for a preliminary injunction concluded on May 7. Awaiting a decision from the court. 
 
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 judge scheduled a hearing on AFGE’s motion to dismiss for June 10. 
 
AFSA’s Challenge to BU Exclusions
Case name:  American Foreign Service Association v. Trump et al.
Court: DC District Court
UPDATE: On May 14, Judge Friedman granted AFSA’s requested preliminary injunction. 
 
FEA’s Challenge to BU Exclusions
Case name: Federal Education Association et al v. Trump et al.
Court: DC District Court
STATUS: On May 5, FEA filed a complaint challenging the Exclusion EO. 
 
CFPB Dismantling

Case name: NTEU et al. v. Vought
Court: DC District Court, DC Circuit Court of Appeals
UPDATE: On May 16, the DC Circuit heard arguments on the government’s appeal of the preliminary injunction. Awaiting a decision from the circuit court. 
 
FMCS Dismantling

AFT’s Challenge to Dismantling FMCS
Case name: AFT, AFL-CIO et al. v. FMCS
Court: Southern District of New York
UPDATE: The court asked the union to brief why its case should not be dismissed given the preliminary injunction granted in the states’ case (see below).

States’ Challenge to Dismantling FMCS
Case name: State of Rhode Island et al. v. Trump et al.
Court: District of Rhode Island
STATUS: On May 6, the court 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.