Judge Further Restricts Trump's Executive Order Opposing Union Activities

The legal battle over the Trump administration's executive order, which aimed to strip most federal employees of their collective bargaining rights, has been escalated to the U.S. Court of Appeals for the D.C. Circuit. The court is currently reviewing the case, with a three-judge panel considering the administration's request to stay the April decision.

In March, President Trump signed the executive order, which applied to both the State Department and U.S. Agency for International Development. The order was designed to remove agencies and subdivisions in question from the coverage of the 1978 Civil Service Reform Act. However, Judge Friedman, in an earlier ruling, issued a preliminary injunction blocking the administration from implementing the order.

The American Foreign Service Association (AFSA) has been at the forefront of the legal challenge. Their arguments bolster the court's earlier conclusion that the White House's order and accompanying messaging may reveal retaliatory motives towards certain unions. For instance, AFSA argues that the exemption of the U.S. Customs and Border Protection (CBP), which endorsed the president in the 2020 election, from the executive order provides further evidence of retaliatory motive. Interestingly, despite being excluded from the coverage of the executive order, the CBP has not had its collective bargaining rights stripped.

Judge Friedman agreed with his previous ruling that the White House's order and accompanying messaging may reveal retaliatory motives for targeting labor groups. He also found that there is no special statutory review scheme available for reviewing AFSA's claim, and the court is not deprived of jurisdiction.

The case continues to be a matter of ongoing legal dispute. The administration has requested a stay of Judge Friedman's April decision during the circuit's review of the case. The U.S. Court of Appeals for the D.C. Circuit is reviewing the case, with judges Karen L. Henderson, Patrick J. Randolph, and Cornelia T.L. Pillard currently reviewing the administration's request to stay the decision.

Judge Friedman cited Government Executive reporting on the selective enforcement of the order at the Veterans Affairs Department. Additionally, the court's earlier ruling in National Treasury Employees Union v. Trump found that the White House fact sheet and other contemporaneous evidence reflected retaliatory motive towards certain unions.

The executive order cites a rarely used provision of the 1978 Civil Service Reform Act. If implemented, it would strip two-thirds of the federal workforce of their right to join and be represented by a union. The outcome of this legal battle could have significant implications for labour rights within the federal workforce.