NTEU Legal Roundup — Week of May 26-30, 2025 

Jun 04, 2025

NTEU Legal Roundup — Week of May 26-30, 2025?

Here is your weekly update on NTEU-related litigation challenging the administration's attacks on federal employees?and the fight NTEU is bringing to defend our members from these attacks.?

Mass Firings of Probationary Employees & RIFs

NTEU's Challenge to Mass Firings & RIFs
Case name:?NTEU et al. v. Trump et al.
Court: DC District Court
UPDATE: On May 27, NTEU filed a motion to amend the lawsuit to challenge additional RIFs and probationary firings. Awaiting government’s opposition brief, due June 4.

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: There have been two preliminary injunctions granted by the district court in this case. The first injunction was stayed by the Supreme Court. Shortly after, the district court granted a second injunction on behalf of different plaintiffs (including the unions). Both preliminary injunctions were appealed and then consolidated for briefing. The government filed its opening brief on May 22, and the plaintiffs will file an opposition brief on June 20.

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: On May 30, the appeals court ruled in favor of AFGE leaving the preliminary injunction in place and blocking RIFs at multiple federal agencies, including several represented by NTEU. The government is expected to appeal.

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 merits of the preliminary injunction (currently stayed) has concluded. Awaiting decision from the appeals court.

Mass Exclusions Executive Order

As of today, the executive order removing about a dozen federal agencies from coverage of the labor statute is in effect, including at agencies represented by NTEU. 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 Barg. Unit Exclusions
Case name:?NTEU v. Trump et al.
Court: DC District Court, DC Circuit Court of Appeals
STATUS: NTEU filed a?petition for rehearing?with the full DC Circuit on its stay of the preliminary injunction, which allows the government to ignore its contracts with the union. Awaiting a decision from the appeals court.

Treasury's Request to Void IRS Contract
Case name:?Dept. of Treasury v. NTEU Ch. 73
Court: Eastern District of Kentucky
STATUS: The judge?granted NTEU’s motion for summary judgment, ruling that the Treasury Dept. did not have standing to bring the case.

Government's Challenge to AFGE Contracts in Texas
Case name:?Dept. of Defense et al. v. AFGE District 10 et al.
Court: Western District of Texas
STATUS: Hearing on AFGE’s motion to dismiss is June 10.

AFGE’s Challenge to Barg. Unit Exclusions
Case name:?AFGE, AFL-CIO et al. v. Trump et al.
Court: Northern District of California
STATUS: Hearing set for June 18.

AFSA’s Challenge to Barg. Unit Exclusions
Case name:?American Foreign Service Association v. Trump et al.
Court: DC District Court, DC Circuit Court of Appeals
UPDATE: On May 29, AFSA (who represents foreign service workers) filed a brief opposing the government’s motion to stay the preliminary injunction.

FEA’s Challenge to Barg. Unit Exclusions
Case name:?Federal Education Association et al v. Trump et al.
Court: DC District Court
STATUS: On May 5, FEA (who represents teachers) filed a complaint challenging the exclusion executive order.

CFPB Dismantling

NTEU’s Challenge to Firings at CFPB
Case name:?NTEU et al. v. Vought
Court: DC District Court, DC Circuit Court of Appeals
STATUS: Government’s appeal of the preliminary injunction – which blocks mass layoffs at CFPB – is pending before the court.

FMCS Dismantling

AFT’s Challenge to Dismantling FMCS
Case name:?AFT, AFL-CIO et al. v. FMCS
Court: Southern District of New York
STATUS: 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, 1st Circuit Court of Appeals
UPDATE: On May 27, the appeals court denied the government’s motion for an administrative stay, maintaining the pause in the executive order to strip the FMCS to bare minimum staffing.