Trump's latest anti-union executive order has been halted, for the second time

In a significant ruling, U.S. District Judge James Donato, an Obama appointee, has issued a preliminary injunction blocking President Trump's executive order that aimed to strip two-thirds of the federal workforce of their right to join and be represented by a union.

The decision, made on Tuesday, comes after a coalition of unions led by the American Federation of Government Employees (AFGE) raised a "serious question as to whether their First Amendment rights have been violated."

The executive order, signed in March, invoked a rarely used provision of the 1978 Civil Service Reform Act to strip most federal employees of their collective bargaining rights under the auspices of national security. However, Judge Donato's ruling stated that a claim of national security does not negate the Constitution, particularly with respect to the First Amendment.

The American Federation of Government Employees is the largest union representing federal workers. The National Veterans Affairs Council of AFGE, an executive committee of the American Federation of Government Employees that represents federal employees working in the Department of Veterans Affairs, also applauded the ruling.

AFGE National President Everett Kelley stated that President Trump revoked union rights in retaliation for advocacy on behalf of federal workers and the American people. Kelley also noted that federal employees have had the right to join a union and bargain collectively for decades, including during President Trump's first term, and at no time have employees' union rights caused concern for national security.

Judge Donato's ruling was solely around the unions' claims that they were retaliated against for opposing the Trump administration's workforce policies. In his 29-page decision, Judge Donato wrote that a physical therapist who works at a VA medical center and is an executive vice president for the National Veterans Affairs Council of AFGE stated that many workers will feel pressure to conform to the administration's political views and be reluctant to raise health and safety concerns or criticize agency management, for fear of further retaliation.

The Trump administration contended that Donato lacked jurisdiction to hear the case, suggesting the unions should pursue their claims before the Federal Labor Relations Authority. However, Donato determined that the question of the court's jurisdiction is answered by the plain language of the statute, not by the parties' beliefs about the merits of the case.

Last month, a federal appeals court issued a stay blocking a similar injunction in a legal challenge brought by the National Treasury Employees Union, finding the injuries in that case were still too "speculative" in nature and impinging on the president's legal deference on national security issues. The preliminary injunction issued by Judge Donato blocks President Trump's executive order indefinitely, pending the resolution of the lawsuit.

The ruling is a significant victory for the unions and federal employees, ensuring their collective bargaining rights remain intact for the time being. The case is expected to continue through the legal process, with both sides presenting their arguments in the coming months.