Contacts:

AFGE: Tim Kauffman, tim.kauffman@afge.org

AFSCME: Nick Voutsinos, nvoutsinos@afscme.org

NAGE: Kelly Warner, kwarner@nage.org

NFFE: Matt Dorsey, mdorsey@nffe.org

NNU: Sarah Cecile, scecile@nationalnursesunited.org

SEIU: Aparna Kumar, aparna.kumar@seiu.org

WASHINGTON – A federal judge has granted a preliminary injunction after ruling that the Trump administration likely violated the law by stripping nearly a million federal government employees of their union rights.

Six unions filed a lawsuit on April 3 in the U.S. District Court for the Northern District of California, challenging President Trump’s March 27 executive order that removed collective bargaining rights from about 950,000 federal employees the unions collectively represent. Trump cited national security as the reason for the executive action, but the unions, led by the American Federation of Government Employees (AFGE), argue that the executive order was unconstitutional retaliation meant to punish them for engaging in activity protected by the First Amendment to the U.S. Constitution, including vocal opposition and legal challenges to the administration.

The unions also argued that the administration violated the Fifth Amendment when it voided collective bargaining agreements it had properly entered into without due process of law. The unions further contend that the administration acted in excess of its authority by applying the national security exemption to employees whose primary functions are clearly unrelated to national security. These include workers at the Department of Veterans Affairs, Environmental Protection Agency, Food Safety and Inspection Service, and several other departments and agencies.

The lawsuit was filed by the American Federation of Government Employees (AFGE), American Federation of State, County, and Municipal Employees (AFSCME), National Association of Government Employees (NAGE-SEIU), National Federation of Federal Employees (NFFE-IAM), National Nurses United (NNU), and Service Employees International Union (SEIU). The parties were represented by Bredhoff and Kaiser PLLC. and Feinberg, Jackson, Worthman & Wasow LLP.

“President Trump revoked our members’ union rights in retaliation for our advocacy on behalf of federal workers and the American people, and we are grateful that Judge Donato saw through his disingenuous ‘national security’ justification and has ordered the immediate restoration of their rights,” said AFGE National President Everett Kelley. “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 our nation’s national security. Revoking these rights was clearly a retaliatory attempt to bust federal unions and wreak havoc on our nation’s workforce and the services they provide to the American people.”

“This is justice for the federal workers who were unfairly retaliated against and had their freedom to collectively bargain ripped away for standing up to illegal executive actions,” said AFSCME President Lee Saunders. “This executive order is a direct effort to silence federal workers’ voice on the job — an essential freedom that helps maintain the integrity of our democracy. Federal workers serve every community, and targeting them through political retribution threatens the freedom of all working people to fight for fair treatment. We applaud this ruling as a critical defense of our communities and our rights at work.”

“Judge Donato’s ruling is a resounding rejection of the Trump administration’s authoritarian tactics and its sham invocation of national security as a cover for union busting,” said NAGE National President David J. Holway. “This executive order isn’t about national security. President Trump is punishing NAGE and other unions for protecting the rights of workers and standing up to the administration’s unlawful actions. The court made it clear: national security cannot be used as a smokescreen to silence federal workers. No president is above the law.”

“America’s public service workers don’t work for profits, politics, or for glory – they serve our nation,” said SEIU President April Verrett. The President’s unlawful executive order attacking federal unions is not an attack on a million federal workers, but is a direct attack on all workers who seek a collective voice to bargain for a better future. This is blatant retaliation against brave workers who dared to exercise their First Amendment rights to criticize this administration's authoritarian overreach. The labor movement stands in solidarity, and we will not let this administration’s union-busting tactics silence us."

“Collective bargaining rights are critical for union nurses so we can advocate for our veterans and ensure they get the care they deserve. We appreciate Judge Donato ruling in favor of our lawsuit, which challenges the executive order that threatens our bargaining rights. We will fight for our veterans who put their lives on the line for us. All federal workers deserve collective bargaining rights,” said Irma Westmoreland, a registered nurse and the chair of National Nurses United’s VA Division.

“The right of federal employees to join a union is protected by the Constitution and has been supported by Presidents of both parties for decades,” said NFFE National President Randy Erwin. “We believe the Trump Administration is blatantly violating both the Constitution and federal law in a misguided attempt to bust federal unions. In our view, this is the most anti-worker and anti-union action this country has ever seen. NFFE and our allies are pleased to see the rule of law upheld and the critical rights of working people protected by Judge Donato.”

The American Federation of Government Employees (AFGE) is the largest federal employee union, representing more than 820,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center.

The American Federation of State, County and Municipal Employees’ (AFSCME) 1.4 million members provide the vital services that make America happen. With members in communities across the nation, serving in hundreds of different occupations — from nurses to corrections officers, child care providers to sanitation workers — AFSCME advocates for fairness in the workplace, excellence in public services and freedom and opportunity for all working families.

The National Association of Government Employees (NAGE-SEIU) represents over 125,000 public and private sector workers across the country, including 75,000 Federal employees. Individuals who work tirelessly to keep our communities running; from keeping the lights on and water clean, highways safe, and State & Federal Governments running, to providing essential EMS care and community protection services, NAGE members set the standard of service. For more information, please visit nage.org.

Established in 1917, the National Federation of Federal Employees is America’s first union representing civil service federal employees. NFFE represents approximately 110,000 federal employees in 35 departments and agencies governmentwide. NFFE is affiliated with the International Association of Machinists and Aerospace Workers, AFL-CIO. For more information, go to https://nffe.org/.

National Nurses United (NNU) is the largest and fastest-growing union and professional association of registered nurses in the United States with more than 225,000 members nationwide. NNU affiliates include California Nurses Association/National Nurses Organizing Committee, DC Nurses Association, Michigan Nurses Association, Minnesota Nurses Association, and New York State Nurses Association. For more information, go to http://www.nnu.org/.

The Service Employees International Union (SEIU) unites 2 million diverse members in the United States, Canada and Puerto Rico. SEIU members working in the healthcare industry, public sector and property services believe in the power of joining together on the job to win higher wages and benefits and to create better communities while fighting for a more just society and an economy that works for all of us, not just corporations and the wealthy. Learn more at https://www.seiu.org/.

Bredhoff & Kaiser PLLC is one of the nation’s preeminent law firms devoted to empowering workers and the institutions that advocate for them.

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