Trump’s Workforce orders are being challenged by Federal Unions

The implementation of three executive orders directed at federal Employee Unions has been overturned by the US Court Of Appeals. Judge Ketanji Brown struck these executive orders signed by President Trump. The judge stated that they go against the collective bargaining rights of these employees. The thought behind these orders was to find a way to shorten the improvement plans to no more than 30 days, excluding streamline collective bargaining negotiation and giving a significant reduction to the amount of work hours spent on official time. An appeal  was filed by the Trump administration arguing that any challenges need to be taken to the Federal Labor Relations Authority before filing a lawsuit. The panel of judges agreed with the Trump administration’s appeal. Judge Thomas B Griffith reversed the decision stating “We reverse the District Court decision because the district court lacked subject matter jurisdiction. The unions must pursue their claims through the scheme established by the statute, which provides for administrative review by the FLRA followed by judicial review in the court of appeals.” According to Union representatives the FLRA was not able to provide a substantial review of the claims made against the executive orders by the Trump administration. Recent court rulings have given permission to court of appeals to go beyond the administrative body if they are looking to consider issues. Griffin also stated, “We see no reason why the scheme here would prevent us from resolving the unions’ constitutional or statutory challenges even if the FLRA could not”.

The President to the National Treasure Employees Union, Tony Reardon, stated that he did not believe the FLRA was properly equipped or capable to consider their legal challenge. All that is left to do is see how things turn out in the long run because of these issues.

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