TRUMP’S UNION-KILLING EXECUTIVE ORDERS OVERTURNED BY THE COURTS – REVISED

It is a 119-page decision, but here are the highlights in the Judge’s own words. “…the President’s policy choices as reflected in the challenged executive orders do not align with the policy preferences of Congress, and in this Court’s view, that contention is undoubtedly true as well. In short, there is no dispute that the principle mission of the FSLMRS is to protect the collective bargaining rights of federal workers, based on Congress’s clear and unequivocal finding that “labor organizations and collective bargaining in the civil service are in the public interest.”

“…this Court has concluded that many of the challenged provisions of the Orders at issue here effectively reduce the scope of the right to bargain collectively as Congress has crafted it, or impair the ability of agency officials to bargain in good faith as Congress has directed, and therefore cannot be sustained. As a result, and as set forth in the accompanying Order, this Court will declare the following provisions invalid, and will enjoin the President’s subordinates from implementing or giving effect to: Executive Order 13,836 §§ 5(a), 5(e), 6; Executive Order 13,837 §§ 3(a), 4(a), 4(b); and Executive Order 13,839 §§ 3, 4(a), 4(c). What remains— Executive Order 13,836 § 5(c); Executive Order 13,837 §§ 2(j), 4(c); and Executive Order 13,839 §§ 2(b), 2(c), 4(b)(iii), 7—are the few challenged directives that have neither reduced the scope of protected collective bargaining rights nor hampered good faith bargaining, and, thus, cannot be said to conflict with the FSLMRS.”

CONGRATS TO ALL THE UNIONS THAT JOINED TOGETHER TO BUILD THESE ARGUMENTS. NOW THAT IS SOLIDARITY.

NTEU has posted a less complicated summary of the decision on its web site.  Check it out. You can find the full decision at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2018cv1261-58

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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