Ninth Circuit Court Upholds Trump’s Executive Order on Union Negotiations
A federal appeals court recently ruled on an executive order from the Trump administration that had temporarily blocked government workers from negotiating union agreements. The Ninth Circuit Court of Appeals had a three-judge panel review the case, but they didn’t side with the plaintiffs who argued that the order was retaliatory in nature.
This particular panel included one judge appointed by former President Obama, alongside two appointed by Trump. They concluded that the president would likely take similar actions regardless of any protective measures that were in place.
Previously, a lower court ruling by US District Judge James Donato had prohibited implementation of this executive order within 21 federal agencies. This order was part of a broader Presidential draft from March, which was challenged by a group of six unions, notably the American Federation of Government Employees (AFGE), the largest union representing federal workers.
In a related matter, a judge in Waco, Texas, had ruled against the Trump administration’s authority to revoke or deny collective bargaining agreements in several agencies back in late July.
However, the appeals court upheld the president’s order, with an exception made for major national security institutions that are excluded from union negotiations. This issue falls under the Federal Services Labor Management Law established in 1978, which laid out the rights of federal employees to negotiate.
Critics of Trump’s executive order labeled it as a disrespectful and retaliatory move against the rights of many dedicated federal workers, a significant portion of whom are veterans. They argue that such actions are not just a threat to federal employees and their unions, but also pose a challenge to the democratic values of free speech and association for all Americans.
The court’s recent ruling urged the federal government to hold off on terminating collective bargaining agreements until the ongoing lawsuit reaches a resolution.
A 2024 report indicated a growing trend in union membership among federal employees, revealing that about half of new hires have joined unions, with nearly a third of all federal employees being union members—contrasting sharply with just 6% in the private sector.
