AFGE Defends Our Rights in EO Lawsuit Appeal

AFGE was back in court last week, defending our victory in the lawsuit we filed against the Trump administration’s May 2018 executive orders, which illegally attempted to limit collective bargaining, due process, and representational rights for federal workers.

Last August, U.S. District Judge Ketanji Brown Jackson invalidated most provisions in the executive orders, ruling that their combined effect would “eviscerate the right to bargain collectively” at federal workplaces.

The administration appealed the ruling to the U.S. Court of Appeals for the District of Columbia, which heard oral arguments on April 4.

Arguments mostly centered on whether the court had the jurisdiction to hear the case. The administration’s attorney argued that the correct forum for our union’s challenge to the executive orders is the Federal Labor Relations Authority (FLRA) – an argument that was rejected by at least one of the three judges hearing the appeal and by AFGE Deputy General Counsel Andres Grajales.

The heart of our union’s argument – one that Judge Jackson agreed with in her August ruling – is that these executive orders are unconstitutional on their face, also called a facial challenge, and therefore cannot go before the FLRA.

“The unions’ claim is very much a facial challenge,” Grajales told the appeals court. “And the administrative scheme does not provide for review of that claim.”

Our legal team did an excellent job on the jurisdictional arguments, anticipating many of the opposition’s arguments in the original complaint.

The appeals court did not indicate when they will have a ruling.

AFGE Members Wear Red for Feds to Show Support

While AFGE lawyers were in court fighting the administration’s attacks on our collective bargaining, due process, and representational rights, AFGE members across the country put on their #RedForFeds to show their solidarity. Our message was clear: our union isn't going anywhere. We will stand up and fight back!

We want to keep the momentum going, and show our managers and our country that the work we do keeps America running. Every Wednesday going forward, we're asking everyone to wear #RedForFeds!

Check out our #RedForFeds campaign and what else you can do to fight these illegal executive orders!

 


Recent AFGE News:

AFGE Defends Our Rights in EO Lawsuit Appeal

April 15, 2019

AFGE was back in court last week, defending our victory in the lawsuit we filed against the Trump administration’s May 2018 executive orders, which illegally attempted to limit collective bargaining, due process, and representational rights for federal workers.

Read More

VA to Kick off Privatization Process in June

April 15, 2019

The Department of Veterans Affairs is set to implement a new privatization program in June that will eventually lead to an irreversible dismantling of the VA health care system as more veterans are sent to for-profit doctors and more VA medical facilities are starved for resources.

Read More


Join AFGE Today

BECOME A MEMBER

Shutdown Lawsuit

Diversity Week

I Serve Veterans

Behind the Scenes

AFGE Events

Event Calendar is for Members Only. Please Log In to see our calendar of events.

LOG IN!

SUBSCRIBE Latest news & info