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Mass Firings of Probationary Employees & RIFs
Litigation by NTEU, other unions and many states continue challenging the RIFs and mass firings of probationary employees. We will continue to update you as these cases progress and as courts decide the merits of the cases.
NTEU's Challenge to Mass Firings & RIFs
Case name: NTEU et al. v. Trump et al.
Court: DC District Court
On July 11, the government filed a motion to dismiss NTEU’s amended complaint and briefing is complete.
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: AFGE’s summary judgment motion was granted on Sept. 12. The judge found that the Office of Personnel Management unlawfully ordered mass firings of probationary employees across multiple agencies, including some represented by NTEU at HHS and Treasury. The decision does not reinstate the employees, but it directs some of the agencies to correct personnel records and clarify that the employees were not removed based on their job performance. The appeals over the preliminary injunctions in the case remain pending before the appellate court.
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 stayed 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 Sept. 9, the District Court denied most of the government’s motion to dismiss, so the case remains active.
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
UPDATE: The appeals court on Sept. 8 ordered the case sent back to the lower court and dismissed because the states do not have standing to challenge employee firings.
States’ Challenge to Mass Firings at HHS
Case name: State of New York et al. v. HHS et al.
Court: District of Rhode Island, 1st Circuit Court of Appeals
On Sept. 5, the states filed an amended complaint. The new complaint details the administration actions since the original in May. The states also argue that their harm is ongoing despite the grant of a preliminary injunction, because employees are still unable to properly perform their duties.
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 March 27 Order Excluding Barg. Units
Case name: NTEU v. Trump et al.
Court: DC District Court, DC Circuit Court of Appeals
UPDATE: NTEU’s motion for summary judgment declaring the order stripping union rights as unlawful is pending, and we await a decision. On Sept. 10, NTEU asked that the appeal regarding the preliminary injunction be paused while the summary judgment motion is pending.
NTEU’s Challenge to Aug. 28 Order Excluding Barg. Units
Case name: NTEU v. Trump et al.
Court: DC District Court
NTEU filed a lawsuit Sept. 3 challenging the administration’s most recent executive order that stripped union rights from the employees in the Office of the Commissioner for Patents within the U.S. Patent and Trademark Office.
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
On Aug. 1, the appeals court stayed the district court injunction pending appeal, which means the executive order remains in effect. On Aug. 25, a judge on the appeals court called for a vote to determine whether the stay of the preliminary injunction, issued by a three-judge panel, should be reviewed by the full appeals court. The merits of the preliminary injunction have been fully briefed. The government’s brief on the full court rehearing the stay is due Sept. 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?????
UPDATE: On Aug. 4, AFSA filed for summary judgment that the executive order stripping their union rights is illegal. On Sept. 11, the government asked that the case be paused until its appeal of the preliminary injunction is decided. Conversely, AFSA on Sept. 11 asked that the government’s appeal be paused while the summary judgment motion is pending.
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, DC Circuit Court of Appeals
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. On Sept. 2, the judge granted an administrative stay of the injunction while the government’s appeal of the injunction is pending. The union filed its opposition brief on Sept. 5 and the government replied on Sept. 9 and 12.
AFL-CIO Challenge to Barg. Unit Exclusions
Case name: AFL-CIO v. Trump
Court: DC District Court
On Aug. 11, the judge agreed with the unions that this 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. A hearing is scheduled for Sept. 30.
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.
NWSEO and POPA Challenge to Barg. Unit Exclusions
Case name: National Weather Service Employees Organization et al. v. Trump et al.
Court: DC District Court
The National Weather Service Employees Organization and the Patent Office Professional Association, representing certain groups of employees in the U.S. Department of Commerce, filed a lawsuit Sept. 2 challenging the administration’s second executive order stripping union rights from federal employees.
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
UPDATE: AFT’s motion for summary judgment that dismantling the Federal Mediation and Conciliation Service is unlawful will be argued in November.
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.
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