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THE FIGHT






NTEU Legal Roundup — Week of July 14-18 
  
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. On July 11, the government filed a motion to dismiss NTEU’s amended 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      
STATUS: 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). 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: 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 9, AFGE filed an urgent request that the government disclose all Agency Reduction-in-Force and Reorganization plans, so that AFGE, NTEU and others can challenge them individually. On July 18, the judge ordered the government to provide the plans to the court by July 23, under seal, which means they won’t be immediately available to the public. The judge also ordered the government to identify which RIF plans are covered by July 8 stay from the Supreme Court allowing RIFs to proceed.
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.      
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, and also preemptively denied the government’s request to stay the injunction. On July 18, the government’s motion to vacate the preliminary injunction was denied.
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      
UPDATE: 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. NTEU’s lawsuit challenging the executive order as unlawful remains active. On June 9, NTEU filed a motion for summary judgment.
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     
UPDATE: 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 on July 18.
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 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, 9th Circuit Court of Appeals 
UPDATE: 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 July 7, the appeals court issued a short-term administrative stay of the injunction, which means it is no longer in effect. On July 17, the appeals court held a hearing on the government’s motion to stay the injunction for a longer period of time, which AFGE is opposing. Although the case doesn’t directly impact NTEU members and contracts, it is important to all federal employee unions.
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 June 17, a judge ruled in favor of AFSA and left in place a preliminary injunction that maintained the collective bargaining rights for foreign service employees. However, on June 20, the appeals court granted the government’s request to stay the injunction pending appeal.  On July 14, AFSA asked the full appeals court to rehear the case regarding the injunction. 
AFGE’s Challenge to Exclusion of TSA Barg. Unit    
Case name: AFGE v. Noem    
Court: Western District of Washington     
STATUS: On June 17, AFGE filed its opposition to the government’s motion to dismiss the case. On June 24, the government filed its support for the motion to dismiss. The preliminary injunction keeping the Transportation Security Administration bargaining unit remains 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 July 2, FEA (which represents teachers) filed a motion for a preliminary injunction blocking the implementation of the executive order stripping union rights from certain agency bargaining units. A hearing on the motion is scheduled for Aug. 4. 
Civil Service Protection  
 
NTEU’s Challenge to Schedule Policy/Career  
Case name: NTEU v. Trump et al.  
Court: DC District Court  
STATUS:  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      
STATUS: Government’s appeal of the preliminary injunction -- which blocks mass layoffs at CFPB -- is pending before the court.  
For more detailed information on these and other cases, see On the Docket.






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