Trump administration's attempt to pre-approve an executive order opposed by unions has been rejected by yet another judge
In a significant ruling, U.S. District Judge Alan D. Albright in Texas' Western District has dismissed the case against the American Federation of Government Employees (AFGE) in a lawsuit filed by the Trump administration. The lawsuit aimed to enforce a March executive order that sought to revoke collective bargaining rights for two-thirds of federal personnel.
The executive order invoked a rarely used provision of the 1978 Civil Service Reform Act to strip most federal employees of their collective bargaining rights. Agencies have ceased participating in collective bargaining negotiations as well as grievance and arbitration proceedings since the order was implemented.
AFGE, NTEU, and other unions secured two preliminary injunctions blocking the order's implementation, but both have been stayed by appellate courts pending further review. In May, a federal judge in Kentucky dismissed the case against the National Treasury Employees Union (NTEU), finding that the administration lacked standing.
The Trump administration filed the lawsuit against both AFGE and NTEU in federal district courts prior to the unions' knowledge of the underlying policy. Agencies have effectively ended unions' presence at impacted agencies and agency subcomponents since March, and federal payroll processors surreptitiously halted the automatic collection of dues from federal employees' biweekly paychecks in April.
AFGE National President Everett Kelley expressed his satisfaction with the court's decision, stating, "We are very pleased that the courts have once again sided with public servants and AFGE and stopped another attack by this administration on the patriotic, dedicated Americans who serve their country in the federal government." Kelley also emphasised that the union will continue to fight the initiative, as they argue that the executive order is a violation of federal workers' First Amendment rights.
The parties did not have an ongoing dispute over the executive order when the lawsuit was filed. Judge Albright wrote that the court cannot issue a declaratory judgment pre-approving the acts of executive agencies without a legally cognizable injury. The Trump administration's effort to gain judicial approval to enforce the March executive order has been denied, marking a victory for the unions and federal workers.
