Judge Blocks Trump's Executive Order Stripping Federal Union Rights

Federal Judge Blocks Trump's Executive Order on Union Rights

A federal judge has issued a preliminary injunction against a Trump administration executive order that was found likely to have unlawfully stripped union rights from nearly a million federal employees. The court ruling suggests a significant legal violation by the administration concerning union protections.

On April 3, six unions, including National Nurses United (NNU), took legal action in the U.S. District Court for the Northern District of California. They challenged the March 27 executive order by President Trump, which removed collective bargaining rights from approximately 950,000 federal workers. While the administration cited national security as the justification, the unions argued the order was unconstitutional retaliation against their protected activities under the First Amendment, such as opposing the administration’s policies and legal actions.

The unions also contended that the executive order breached the Fifth Amendment by nullifying existing collective bargaining agreements without due process. Furthermore, they claimed that the administration overstepped its authority by applying national security exemptions to employees in roles unrelated to such concerns, involving departments such as the Department of Veterans Affairs, Environmental Protection Agency, and Food Safety and Inspection Service.

This lawsuit was filed by several major unions, including 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), and Service Employees International Union (SEIU). Bredhoff and Kaiser PLLC, along with Feinberg, Jackson, Worthman & Wasow LLP, provided legal representation.

Irma Westmoreland, a registered nurse and chair of National Nurses United’s VA Division, emphasized the importance of collective bargaining rights, stating, “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.”

AFGE National President Everett Kelley remarked, “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.” He highlighted that federal employees have enjoyed union rights for decades without impacting national security.

AFSCME President Lee Saunders viewed the ruling as justice for federal workers. “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,” he said, underscoring the ruling's importance in defending workers' rights.

NAGE National President David J. Holway praised Judge Donato’s decision, asserting, “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.” He stressed that national security cannot be misused to suppress workers’ rights.

SEIU President April Verrett called the executive order an attack on workers’ rights, stating, “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.”

NFFE National President Randy Erwin expressed strong disapproval of the administration’s actions, saying, “We believe the Trump Administration is blatantly violating both the Constitution and federal law in a misguided attempt to bust federal unions.” He commended the court for upholding the rule of law and protecting workers’ rights.

National Nurses United 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.

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