Unions file lawsuits in response to second decree outlawing them, accusing reprisals

In a recent turn of events, two unions – the National Education Association (NEA) and the American Federation of Teachers (AFT) – have filed a lawsuit against the Trump administration. The unions, representing over 4 million school employees in the U.S., accuse the administration of violating the law by allowing immigration arrests in schools and churches, causing fear among students, teachers, and families.

The lawsuit also targets the White House for its latest executive order, which aims to ban unions at more federal agencies on 'national security' grounds. This move comes after the administration added more than half a dozen agencies to the order, including the United States Patent and Trademark Office (USPTO) and the National Oceanic and Atmospheric Administration (NOAA).

The USPTO, as per the Invention Secrecy Act, is responsible for reviewing inventions made in the United States, assessing whether their release could harm national security, and issuing secrecy orders if necessary. However, it's important to note that only a small portion of its employees are involved in this process, with only 26 out of nearly 9,000 USPTO employees partaking in the screening process that applies to 50 applications annually.

The assertions about the roles of USPTO and NOAA in providing national security-related work are, however, dubious. While the USPTO does review inventions with potential national security implications, actual national security agencies handle this review. On the other hand, NOAA tracks the Defense Meteorological Satellite Program (DMSP) satellites, which will be replaced by a new generation of military weather satellites in 2026, but it does not provide weather forecasts for military operations. Military departments have their own weather forecasting units.

The unions' complaint alleges that the Trump administration has targeted them for decertification because they exerted their First Amendment rights to object to the White House's personnel policies. This is not the first time unions have taken action against the administration. POPA, for instance, filed grievances in response to USPTO management's May decision to unilaterally cancel telework for employees who lived within 50 miles of headquarters, in contravention of its union contract. Similarly, the National Weather Service Employees Organization (NWSEO) grieved the disregard for its contract provision governing telework in April.

The National Treasury Employees Union also filed a suit on behalf of its USPTO employees' bargaining rights. The latest suit was filed in the U.S. District Court for Washington, D.C., by the NWSEO and the Patent Office Professional Association.

The executive orders cite a seldom-used provision of the 1978 Civil Service Reform Act to exempt agencies that employ roughly two-thirds of the federal workforce from federal sector labor law. Both USPTO and NOAA have unions that have been recognised until now, but they have been informed that they will no longer be recognised, effective immediately. The Defense Department will also cease processing data from the DMSP satellites in 2026.

This lawsuit is yet another demonstration of the ongoing tension between the Trump administration and federal unions, and it promises to be a significant legal battle in the coming months.

Unions file lawsuits in response to second decree outlawing them, accusing reprisals