NTEU Legal Roundup — Week of Aug. 18-22  

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      
NTEU's motion to amend the complaint was granted on June 6, challenging additional RIFs and probationary firings. On July 11, the government filed a motion to dismiss NTEU’s amended complaint. NTEU filed a brief on Aug. 15 opposing the motion to dismiss; the government’s reply is due on August 29.    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: The plaintiffs have won two preliminary injunctions in this case. The Supreme Court paused the first injunction. Shortly after, the district court granted a second injunction on behalf of different plaintiffs (including the unions); that second order prevents agencies from relying on OPM to make termination decisions. Any firing must be the result of a particularized assessment. Both preliminary injunctions were appealed and then consolidated for briefing in the appeals court, which held a hearing on Aug. 19.  A separate hearing for AFGE and OPM’s competing motions for summary judgment in the case before Judge Alsup in the Northern District of California 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: The Supreme Court on July 8 issued a stay of the preliminary injunction, which means agencies, including some represented by NTEU, may begin implementing RIF plans while litigation continues in the lower court. The Supreme Court did not rule on the legality of any specific RIF plan. On July 30, AFGE filed a motion to require that the government produce records related to RIFs and reorganization plans. On Aug. 18, AFGE filed arguments opposing the government’s motion to dismiss. A hearing is scheduled for Sept. 19. Separately, the appeals court held a hearing on Aug. 21 on the government’s motion for an emergency stay of the district court’s production order. 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      
Briefing on the merits of the preliminary injunction (currently stayed) has concluded. Awaiting a decision from the appeals court.  States’ Challenge to Mass Firings at HHS  
Case name: State of New York et al. v. HHS et al.  
Court: District of Rhode Island  
UPDATE: On July 1, the court granted the states’ request for a preliminary injunction to block firings at HHS. The government on Aug. 13 asked the appeals court for an emergency stay of the injunction. On Aug. 14, the states asked the appeals court to remand the issue to the district court so their lawsuit challenging the firings can continue. The government filed a motion to dismiss on Aug. 15, and the states responded on Aug. 20. On Aug. 21, several medical organizations filed arguments in support of the states. 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      
On July 16, the appeals court denied NTEU’s request that the full court reconsider the stay of the preliminary injunction, which means the executive order stripping union rights from certain agency bargaining units remains in place. The government’s appeal of the preliminary injunction continues, with briefs on the merits of the injunction due in September and October. NTEU’s lawsuit challenging the executive order as unlawful remains active. On June 9, NTEU filed a motion for summary judgment and the government filed a cross-motion on June 23.  A summary judgment motion asks the court to decide the case on the facts in the parties' filings. Both motions are fully briefed and we await a decision. Treasury's Request to Void IRS Contract      
Case name: Dept. of Treasury v. NTEU Ch. 73      
Court: Eastern District of Kentucky, 6th Circuit Court of Appeals      
The judge granted NTEU’s motion for summary judgment, ruling that the Treasury Dept. did not have standing to bring the case. The government appealed the decision to the circuit court. Briefing will conclude in late December. 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      
The court granted AFGE’s motion to dismiss the case on July 23, a victory to protect the union’s contracts in that area. AFGE’s Challenge to Barg. Unit Exclusions       
Case name: AFGE, AFL-CIO et al. v. Trump et al. 
Court: Northern District of California, 9th Circuit Court of Appeals 
UDPATE: On June 24, the judge granted AFGE’s request for a limited preliminary injunction of the executive order stripping union rights from certain agency bargaining units. On Aug. 1, the appeals court stayed the injunction pending appeal, which means the executive order remains in effect.  On Aug. 14, the government filed a letter acknowledging that they have canceled several collective bargaining agreements with unions other than NTEU. AFGE responded on Aug. 22. 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  
A preliminary injunction that maintained collective bargaining rights for foreign service employees is no longer in effect. The government’s appeal of the injunction is ongoing. On Aug. 4, AFSA filed for summary judgment that the executive order stripping their union rights is illegal. AFGE’s Challenge to Exclusion of TSA Barg. Unit    
Case name: AFGE v. Noem    
Court: Western District of Washington     
The preliminary injunction keeping the Transportation Security Administration bargaining unit remains in place. On Aug. 13, the court denied the government’s motion to dismiss.   FEA’s Challenge to Barg. Unit Exclusions      
Case name: Federal Education Association et al v. Trump et al.      
Court: DC District Court      
UPDATE: On Aug. 14, the judge granted the union’s request for a preliminary injunction blocking the implementation of the executive order stripping union rights from Department of Defense Education Activity employees. The government appealed and has asked for the injunction to be stayed while the appeal is pending. AFL-CIO Challenge to Barg. Unit Exclusions
Case name: AFL-CIO v. Trump
Court: DC District Court
UPDATE: On July 29, the AFL-CIO and a coalition of affiliate unions filed a new lawsuit challenging the administration’s order stripping union rights from certain agency bargaining units. On Aug. 11, the judge agreed with the unions that the case is related to NTEU’s lawsuit, above. The unions amended their complaint on Aug. 21, and on Aug. 22 requested a preliminary injunction to block the executive order. NAAE Challenge to Barg. Unit Exclusions
Case name: NAAE v. Trump
Court: DC District Court
The National Association of Agriculture Employees filed a new lawsuit Aug. 13 challenging the exclusion order as it applies to the U.S. Department of Agriculture. Civil Service Protection  
 
NTEU’s Challenge to Schedule Policy/Career  
Case name: NTEU v. Trump et al.  
Court: DC District Court  
NTEU filed a lawsuit on Jan. 20 challenging the executive order to reclassify federal employees and remove their due process rights. On June 26, the parties agreed to pause the case until OPM has published the final rule, and the administration has represented that no federal employees will be reclassified until after the rulemaking is complete. 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      
The April preliminary injunction blocking mass layoffs at the Consumer Financial Protection Bureau was overturned by a panel of three appellate judges on Aug. 15. The injunction remains in place pending further action by NTEU, which means layoffs will not begin immediately. FMCS Dismantling       
      
AFT’s Challenge to Dismantling FMCS       
Case name: AFT, AFL-CIO et al. v. FMCS       
Court: Southern District of New York        
On July 18, the American Federation of Teachers and other unions filed a brief in support of their request for a summary judgment that dismantling of the Federal Mediation and Conciliation Service is unlawful. A hearing is scheduled for Sept. 18. 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.
In June, the district court granted the states’ request for a preliminary injunction stopping the government from acting against the FMCS. The government appealed to the circuit court and briefing continues before that court. 

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