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Court allows Trump to end union bargaining for federal workers
Source: Aol/Reuters
Fri, August 1, 2025 at 7:40 PM EDT
(Reuters) -A federal appeals court on Friday lifted a judge's order blocking U.S. President Donald Trump's administration from stripping hundreds of thousands of federal workers of the ability to engage in union bargaining with U.S. agencies. A three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals put on hold an injunction issued by a lower court judge that had been obtained by six unions including the American Federation of Government Employees (AFGE).
U.S. District Judge James Donato in San Francisco in June had issued the injunction blocking 21 agencies from implementing Trump's March executive order exempting many federal agencies from obligations to bargain with unions. Donato concluded Trump's order retaliated against unions deemed critical of the president and that had sued over his efforts to overhaul the government, including the mass firings of agency employees, violating their right to free speech under the U.S. Constitution's First Amendment.
But the 9th Circuit panel said Trump's order on its face "does not express any retaliatory animus," and it agreed with the Trump administration that the president "would have taken the same action even in the absence of the protected conduct." The 9th Circuit panel included U.S. Circuit Judge John Owens, an Obama appointee, and U.S. Circuit Judges Bridget Bade and Daniel Bress, two Trump appointees. Another federal appeals court in Washington, D.C., had in May paused a similar order that had also blocked Trump's order.
AFGE National President Everett Kelley in a statement called the Friday ruling "a setback for First Amendment rights in America." The 9th Circuit put the injunction on hold pending a further appeal, and Kelley said the union is "confident in our ability to ultimately prevail."
Read more: https://www.aol.com/news/court-allows-trump-end-union-234002741.html
Link to ORDER (PDF) - https://fingfx.thomsonreuters.com/gfx/legaldocs/zdpxkqroqvx/union.pdf

no_hypocrisy
(52,733 posts)I know this can be appealed, but c'mon! With THIS SCOTUS? I don't think so . . . . .
Reminder of the difference between union protections and no collective bargaining:
Bargaining rights for compensation and benefits (health, retirement) for all union workers
No arbitrary dismissals and wrongful discharge. (Versus "At Will" Employment where you can be fired for any or no reason)
Job security
And the federal government with its agencies could only benefit from retaining employees who work for THE GOVERNMENT, NOT THE ADMINISTRATION, employees with experience in their department within the agency.
FBaggins
(28,384 posts)It looks unanimous.
The painful reality is that the reason it's important to elect better presidents is because they have actual power to effect things. "That's bad policy" isn't a valid reason for a judge to block something.
And if you look at the case they referenced when they decided it wasn't retaliatory, I can see their decision making process even though I hate to see the result.
Before Trump was even elected, he was railing against federal unions (just like he did during his first term). There is little doubt he would have issued the executive order whether the unions had already filed suits against him for other orders or not, which met the test referenced in the decision. He hates unions, federal or otherwise, so of course he was going to do all he could to break them once he returned to office.
lastlib
(26,507 posts)May the fleas of ten thousand camels infest his rotten crotch, and may his fingers be too short to scratch.
chouchou
(2,255 posts)You can guarantee that I will never, ever get on your bad side.
lastlib
(26,507 posts)Last edited Sun Aug 3, 2025, 07:39 AM - Edit history (1)
....is to become a repuglikan!
chouchou
(2,255 posts)
twodogsbarking
(15,184 posts)What next, Hiroshima was a fireworks show? No kooky or extreme comments? HTF can we comment on Trump? He is kooky and extreme and those are his best qualities.
BumRushDaShow
(158,624 posts)Takes A LOT to get YOU riled up.
twodogsbarking
(15,184 posts)
OldBaldy1701E
(8,762 posts)So glad that we live in such a just nation!
lonely bird
(2,473 posts)Does not express any retaliatory animus???
My right nut it doesnt. Trump is driven by animus and revenge. He would dry up and die without them.
GiqueCee
(2,712 posts)... the honorific afforded judges. He has no honor.
On edit: I misread a critical line and unjustly accused Judge Donato, for which I apologize. Righteous rage must be tempered by a careful reading.
Wiz Imp
(6,655 posts)Last edited Sat Aug 2, 2025, 09:30 AM - Edit history (1)
It was Bridget Bade and Daniel Press who sided with Trump.
GiqueCee
(2,712 posts)... thank you. Guess I'd better clean my glasses.
mdbl
(7,208 posts)Does anyone think the dopey right-wing magat union members that voted for Dump will make this connection?
Javaman
(64,397 posts)Or something else is cut back or eliminated
KPN
(16,867 posts)mdbl
(7,208 posts)No critical thinking - just weird propaganda.
Botany
(75,095 posts)2 MAY 1933: DISSOLUTION OF GERMAN TRADE UNIONS
https://hmd.org.uk/resource/2-may-1933-dissolution-of-german-trade-unions/
popsdenver
(266 posts)which started this mess............The PATCO Union firings declared war on ALL the Unions across the entire nation.....
DeJoy isn't out to just crash the USPS, but also to obliterate one of the largest Unions in the U.S.A........
Kiss the NLRB goodbye.....................
KPN
(16,867 posts)already there via McCarthy, John Birch Society and Nixon.
Botany
(75,095 posts)Oliver North was completely crooked but the right wing sold the idea that he wasnt a dirt
ball who sold weapons to the Ayatollah of Iran, put that money into Swiss bank accounts,
and then use that money in support of right wing dictators in a nice little civil war and a
healthy CIA/cocaine business. No Ollie in reality was a hero fighting for America.
Iris
(16,576 posts)Can and my dad saying "You're going to see that a lot more now that Reagan is president"
And now look where we are.
rickyhall
(5,474 posts)rickyhall
(5,474 posts)Evolve Dammit
(21,161 posts)LatteLady
(81 posts)Can a subsequent president then require union membership?
FBaggins
(28,384 posts)But Congress would have to change the law in order to require union membership
SickOfTheOnePct
(8,351 posts)...I'm not even sure Congress can force union membership on federal employees.
chicago guy
(46 posts)When Regan fired the air traffic controllers Every union member should have shut the country down! Walked off their jobs till they were all rehired. The only way to deal with this is to fight as one cohesive unit what is done to one union member is done to all.
angrychair
(11,022 posts)We cannot allow this to happen.
GENERAL STRIKE NOW.
myohmy2
(3,641 posts)...trump has shown you don't need congress or legislation to have your way as long as you're willing to use raw power and the levers of the executive branch to attack your political enemies...
...I will never again support any Dem not willing to do the same for us...
...we're in a political civil war and it's time to acknowledge it...
...if the assholes want a fascist state, so be it...
...
rickyhall
(5,474 posts)Deminpenn
(16,955 posts)Pay and benefits are set by Congress. Merit System hiring is also federal law.
Further, federal employees aren't required to join the union and don't.
There isn't a whole lot for unions to negotiate. At my activity, the president of our local was aggressive in trying to collectively bargain a new contract with our management, but had no success. The management just ignored the union or negotiated in bad faith. There were no consequences for doing that.
BumRushDaShow
(158,624 posts)the MAIN (and very important) issues for negotiation were -
1.) Flexitime - i.e., the "working" day time range, with "core hours" (when all employees needed to be on the clock), where we eventually ended up with a 6:00 am - 6:00 pm "day", with employees options for arriving at 6:00 am (earliest, which was mostly a HQ thing), and 9:30 am (10:00 am for HQ, the latest arrival), with a depart time of 2:30 pm (earliest HQ) or 3:00 pm (most others), to 6:00 pm (most) or 6:30 pm (HQ). My office ended up with a 6:30 am - 3:00 pm range.
The "core hours" were 10:00 am - 2:00 pm (ET - adjusted through timezones, although those outside of ET were often stuck with "way too early" conference calls scheduled by the east coasters )
2.) Flexiplace - this was the "Work at Home" / "remote work" option (where there was also "hoteling" in HQ where they would go to some designated network-configured location to work)
3.) Timekeeping - I know at one time, some of our district offices had literal physical time cards that would need to be used with a punch clock for arrival/departure time stamps. This was not across the board (my office just had a "sign in book" for arrival/departure times). So eventually the punch cards went away, replaced by sign-in books, and eventually the whole system was automated for timekeeping (including incorporating the employees' selected "work schedule" time frame per the Flexitime agreement).
4.) Credit Hours - a biggy when I was first in the union early in my career where the option was heavily bargained, and was finally made available. It allowed an employee to work extra hours (up to a fixed amount per pay period - I think it was 10 hours) and be able to be used that time as the equivalent of annual leave, but it would not have been considered "overtime" (which would have required extra pay for the extra hours over 40 hours/week or 80 hours per pay period). IIRC, there was a max that could be earned (I think 24) before it needed to be used if any additional credit hour work was desired.
5.) Office space - this was particularly notable when an office moved within a building moved to a new building and/or if there was a renovation going on and/or new cubicles/workstations were being procured and installed, where the union could bargain on how much space each employee (who was not already in an individual office) would be allocated to make it "fair".
6.) Subsidized transit - that was something the national chapter was able to obtain, where employees who used public transit to get to work would get reimbursed for some portion of the monthly cost.
7.) Training (and training opportunities, including conference attendance, etc) - mostly to thwart favoritism and allow reasonable seniority considerations versus need to get newer employees up and running
So there ARE things to "bargain" - notably things related to "working conditions" and "employee advancement" (through training), which are beyond "salary/benefits" (which are guided by law).
THAT is "the truth".