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!