Posts tagged Civil Service Reform Act
Supreme Court likely to decide fate of federal unions
June 30, 2025 // How the Supreme Court will view the matter is anybody’s guess, though the Roberts Court has shown deference to the executive branch and a willingness to revisit precedent involving public sector unions. In its 2018 Janus v. AFSCME ruling, the court said public sector employees could not be forced to join a union as a condition of employment. Federal government collective bargaining is relatively recent, having only been codified in 1978. The Roberts Court may decide collective bargaining is a privilege, not a right, for federal workers.
Op-Ed: Federal union bosses: To ‘save democracy,’ let us finish destroying it
June 30, 2025 // How are federal union bosses reacting now that a president is finally taking action to put a halt to a system that, as former union attorney Kurt Hanslowe foresaw back in 1967, empowers “entrenched and mutually supportive government officials and collective bargaining representatives” over whom the public has “diminishing control” to make joint decisions about tax rates and other public policies? True to form, union officials are claiming Trump’s efforts to restore representative government are anti-democratic! For example, American Federation of Government Employees President Everett Kelley, whose union filed the pending lawsuit to block E.O.14251, unsurprisingly claims the Trump Administration’s actions “represent a clear threat” to “every American who “values democracy.”
Judge rules Trump can’t eliminate federal workers’ union bargaining
June 27, 2025 // Siding with the American Federation of Government Employees (AFGE) and other unions, U.S. District Judge James Donato ruled that President Trump’s executive order letting several federal agencies dispense with union bargaining is likely unlawful. Donato wrote in a 29-page opinion that federal workers have had the right to unionize and collectively bargain for better employment conditions for more than 60 years, and Trump’s order threatened that “long-standing status quo.” The six unions that filed suit “appear to have been deemed hostile to the President,” he said.
Backgrounder: Executive Order: Exclusions from Federal Labor-Management Relations Programs
March 31, 2025 // The practice of “official time” is when unionized federal employees perform union-related activities, rather than their actual public service duties, while being paid by taxpayers. The Federal Unions EO requires that agencies, upon termination of an applicable collective bargaining agreement, reassign any workers who performed “official time” to positions where they perform solely agency business. It also contains language regarding existing grievance proceedings and allows for the head of each agency to submit a report to the President within 30 days highlighting any agency subdivisions that were not covered but should have been covered under the Federal Unions EO.
Trump signs executive order to end collective bargaining at agencies involved with national security
March 27, 2025 // President Donald Trump moved Thursday to end collective bargaining with federal labor unions in agencies with national security missions across the federal government, citing authority granted him under a 1978 law. The order, signed without public fanfare and announced late Thursday, appears to touch most of the federal government. Affected agencies include the Departments of State, Defense, Veterans Affairs, Energy, Health and Human Services, Treasury, Justice and Commerce and the part of Homeland Security responsible for border security.
Union sues DHS to protect TSA screeners’ collective bargaining rights
March 18, 2025 // The lawsuit accuses the Trump administration of violating the Administrative Procedure Act’s prohibition on “arbitrary and capricious” decision-making, as well as breaching their contractual obligations under the 2024 collective bargaining agreement and in so doing, violating union members’ due process rights under the Fifth Amendment. The union also brings a First Amendment claim, arguing that the Trump administration’s decision to revoke TSA screeners’ collective bargaining rights was in retaliation for the union’s other lawsuits against the executive branch, most notably their challenge of the mass firing of probationary workers across government. A federal judge on Thursday issued a preliminary injunction in that case, requiring agencies to reinstate tens of thousands of improperly terminated workers.
White House scrubs webpage showing how taxpayers fund union activities
November 22, 2023 // The OPM, which oversees federal employment and recruiting, removed both the webpage and reports assembled over the past two decades analyzing how much taxpayer money is spent funding union activities. Additionally, OPM appears to have stopped assembling official time reports, which have historically been published every few years during the past four presidential administrations since 1998. "If federal employees are going to be legally permitted to engage in union work while on-the-clock, the very least taxpayers are owed is an accurate accounting of the associated costs," Maxford Nelsen, the director of research and government affairs at free market think tank Freedom Foundation, told Fox News Digital.
COMMENTARY: Biden vs. workers’ right to vote out unions
June 28, 2023 // Despite the recent outrageous FLRA ruling, the National Right to Work Legal Defense Foundation attorneys who have been providing free legal assistance to Blue Ridge Parkway employees seeking a vote to decertify AFGE bosses, currently led by petitioner Lauren Labrie, are optimistic a vote will happen soon anyway. But regardless of the outcome, this battle exposes the depth of the Biden administration’s contempt for employees’ right to make a free choice about whether or not they want a union.
Union arbitrators are protecting truly awful government employees
October 10, 2022 // Federal personnel challenges go beyond the civil service system. Federal unions are also a big part of the problem. The government was not supposed to operate this way. Congress expressly directed agencies not to tolerate misconduct and to fire poor performers. The Civil Service Reform Act of 1978 even made these directives “Merit System Principles.” But agencies come nowhere close to upholding these principles. Barely a third of federal employees say their agencies remove employees whose performance is persistently poor. Half report poor performers stay on the job and continue to underperform.
Massachusetts: Defying Spilka, senate staffers vow to continue union fight
August 3, 2022 // Spilka invited staff members to meet with Senate counsel Friday afternoon to discuss a legal review that she said found no path forward for union recognition because of the unique structure of the senate. Two staffers who attended the closed-door meeting, Morgan Simko and Evan Berry, said afterwards the lawyers identified which state laws create hurdles to union recognition. They said changing those laws is a question of legislators' willpower. "Ball's in their court," Berry said. "If they really want to say to the unions that have supported them election cycle after election cycle that they are pro-labor, they will show up and say, regardless of where you are in Massachusetts, you deserve a union and Beacon Hill is no exception." Sen. Becca Rausch, Senate President Pro Tempore Will Brownsberger,