NTEU Legal Roundup — Week of June 9-13

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  
STATUS: NTEU's motion to amend the complaint was granted on June 6, challenging additional RIFs and probationary firings. Government response due June 27.  
 

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  
STATUS: 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 in the appeals court. On June 5, AFGE filed a motion for summary judgment in the district court, and the hearing is set for Aug. 28.  

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 June 13, the district court clarified that the State Department’s planned layoffs are blocked by the preliminary injunction. Previously, the appeals court denied the government’s petition for an administrative stay to the preliminary injunction while the appeal is pending, which means RIFs at multiple federal agencies, including several represented by NTEU, remain blocked. 

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 a 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  
UDPATE: On June 9, NTEU filed a motion for summary judgment asking the district court to find the executive order stripping union rights from certain agency bargaining units is unlawful. Regarding the preliminary injunction that is no longer stayed, NTEU filed a petition for rehearing with the full DC Circuit. Government’s response to the petition is due June 17.  

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  
UDPATE: Hearing on AFGE’s motion to dismiss was held June 10. Awaiting decision. 

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 on the merits of the preliminary injunction 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: Schedule for various motions and briefings set through November.  

AFGE’s Challenge to Exclusion of TSA Barg. Unit 
Case name: AFGE v. Noem 
Court: Western District of Washington  
UPDATE: On June 2, the court granted AFGE’s request for a preliminary injunction, keeping the Transportation Security Administration bargaining unit in place. 

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 (which 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  
UPDATE: On June 13, the unions filed a motion for summary judgment asking the court to decide on the merits if the dismantling of the Federal Mediation and Conciliation Service is unlawful.

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 June 9, the states filed a response opposing the government’s request to stay the preliminary injunction based on the merits. On June 11, the government filed a brief supporting a stay. The appeals court earlier denied the government’s motion for an administrative stay, which maintains the pause in the executive order to strip the FMCS to bare minimum staffing.  

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