All Things Equal
Thursday, April 9, 2026
7:30PM | Doors open 6:30PM
Charline McCombs Empire Theatre
San Antonio Tx https://www.majesticempire.com/events/all-things-equal/
| NTEU Legal Roundup — Week of Aug. 4-8 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. |
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| 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: 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’s opposition to the motion is due August 15, and 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. In June 5, AFGE filed a motion for summary judgment in the district court, and the hearing is set for Aug. 28. On Aug. 8, AFGE amended their complaint regarding the mass firing of probationary employees. 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 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. Briefs on the government’s motion to dismiss the case are due in August. 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 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. On July 25, the states filed a brief opposing the government’s motion to amend the preliminary injunction. 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 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 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 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. 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: 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. Briefing has concluded regarding the government’s motion to dismiss the case. FEA’s Challenge to Barg. Unit Exclusions Case name: Federal Education Association et al v. Trump et al. Court: DC District Court UPDATE: 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 was held on Aug. 4. AFL-CIO Challenge to Barg. Unit Exclusions Case name: AFL-CIO v. Trump Court: DC District Court 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. 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 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 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. |
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| For more detailed information on these and other cases, see On the Docket |
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