Hearing on Anti-Employee Executive Orders Set for July 25

TO: FEA Members Worldwide
FROM: FEA Washington DC Office
RE: Hearing on Anti-Employee Executive Orders Set for July 25
DATE: July 18, 2018

FEA and 12 other federal sector unions go to court on July 25 to fight three Executive Orders issued by the Trump administration earlier this year, attacking federal workers' rights to representation and fair working conditions.

A judge in the U.S. District Court for the District of Columbia will hear the lawsuit filed jointly in June by FEA and 12 other unions. Three other lawsuits filed by other employee unions against Trump's Executive Orders will also be heard that day by the same judge. FEA and the other plaintiffs have asked the judge to make a summary judgment on the lawsuits, meaning we are asking for an immediate ruling on whether the Executive Orders are lawful and can be implemented.

If the judge agrees with FEA and the other unions, she may issue an injunction against implementation or take lesser action, such as allowing some aspects of the Executive Orders to be enacted while issuing an injunction to stop other parts. Or, if she disagrees with FEA and our fellow plaintiffs, she may reject the unions' motion for summary judgment and allow full implementation of the three Executive Orders.

Those Executive Orders, which FEA considers to be illegal and outside the President's Constitutional authority because they impinge upon existing laws already passed by Congress, would have the following negative impacts upon employees if enacted:

  • Severely limiting the use of Official Time by employee-elected union officials to represent bargaining unit members in grievances and other matters
  • Compelling bargaining unit contracts to be renegotiated and imposing severe restrictions over what may be included in such new contracts
  • Altering existing due-process and merit-systems laws to make it easier to fire employees deemed by management to be "bad performers" and to reward those employees favored by management -- in other words, a return to the "spoils" system of the late 19th century that necessitated the creation of the civil service system in the first place

The judge in the case has indicated that a decision is not likely before August 24. Regardless the judge's decision, the outcome is likely to face appeals and move through the court system, possibly even resulting in an eventual ruling by the Supreme Court.

We will let our members know the judge's ruling when we receive it and will continue to keep you informed as this very important case proceeds through the legal system. Regardless the outcome, FEA will work with our local associations to ensure members continue to have access to the Association and are fully represented in any work-related situation to the maximum extent of the law.