A federal appeals court has cleared the path for Donald Trump’s anti-union executive order. This order would result in the cancellation of collective bargaining rights for hundreds of thousands of federal employees. This ruling comes amidst continued court action over the order. The Trump administration has said that the order is necessary to cut the federal workforce and improve national security.
The administration’s executive order has already met with vigorous resistance from the federal unions. It seeks to redefine collective bargaining agreements that currently protect a majority of federal workers. Critics, including representatives from the National Treasury Employees Union, assert that the order is designed to facilitate mass firings and enforce “political vengeance.” NTEU, which is the only union representing employees at the Internal Revenue Service (IRS), boasts more than 150,000 members. The Trump administration has set their sights on their collective bargaining agreement and its destruction.
Initially, a judge put an indefinite stop to the enforcement of Trump’s executive order across about three dozen federal agencies and departments. After this ruling, the administration sued to kill the IRS’s collective bargaining agreement in a Kentucky court. In response, Trump’s team requested an emergency pause on the judge’s initial ruling.
The appeals court ruling was determined by a panel of three judges: Karen Henderson, Justin Walker, and Michelle Childs. Judge Henderson is no progressive firebrand — she was appointed to the D.C. Judge Walker, appointed by Trump himself, and Barrett together formed the 2-1 majority opinion. Therefore, the unions have no standing to sue. This comes in direct response to the Trump administration’s announcement that it would not terminate any of the collective bargaining agreements while the litigation remains pending.
In her dissenting opinion, Judge Michelle Childs explained why she believes the harm of letting the executive order go into effect will be irreversible. Democratic President Joe Biden appointed her to that position. However, notwithstanding her dissent, the majority ruling allows Trump’s order to take effect pending a longer legal battle.
The consequences of this decision may be long-lasting, impacting the rights of federal employees and the state of labor relations within federal government agencies. Regardless of where the case goes in the courts, at least for now, this has both sides preparing for a lengthy legal siege. This clash could change the trajectory of federal labor relations.
