A federal judge granted a preliminary injunction after ruling that the Trump administration likely violated the law by stripping nearly 1 million federal government employees of their collective bargaining rights.

Six unions filed a lawsuit on April 3 in U.S. District Court challenging President Trump’s March 27 executive order that removed collective bargaining rights from federal employees the unions collectively represent. Unions argued 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. The unions—AFGE, AFSCME, the National Association of Government Employees (NAGE/SEIU), National Federation of Federal Employees (NFFE-IAM), National Nurses United (NNU) and Service Employees International Union (SEIU)—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. 

 “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.” 

 “In March, President Trump committed the single biggest act of union-busting in history, stripping nearly 1 million federal workers of their right to collectively bargain and have a voice on the job. On Tuesday, a U.S. District Court restored those workers’ voices and their fundamental freedoms while the litigation continues. We are thrilled to see the court block Trump’s executive order—an action that was in explicit retaliation against federal workers’ unions exercising their First Amendment rights to challenge the administration’s attacks on their members,” said AFL-CIO President Liz Shuler. “This fight is far from over, but federal workers, the labor movement and our allies have notched an essential victory.”

 “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/SEIU 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, RN, chair of NNU’s Veterans Affairs (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-IAM 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.” 

Artilce by AFL-CIO