Appeals court allows Trump’s anti-union order to take effect

Key Points

• An appeals court cleared the way for President Trump’s executive order ending collective bargaining rights of hundreds of thousands of federal employees to take effect while legal challenges continue.
• The three-judge panel ruled unions lack standing to sue because the administration won’t terminate existing agreements during litigation, with Judge Michelle Childs dissenting.
• The administration argues the order is needed to cut the federal workforce for national security, citing statutory exemptions for security-related work.
• Union leaders contend the order facilitates mass firings and political retaliation, expanding exemptions more than under any previous president and affecting IRS, HHS, Energy, EPA and FCC employees.

WASHINGTON (AP) — An appeals court has cleared the way for President Donald Trump's executive order aimed at ending collective bargaining rights for hundreds of thousands of federal employees while a lawsuit plays out.

The Friday ruling came after the Trump administration asked for an emergency pause on a judge's order blocking enforcement at roughly three dozen agencies and departments.

A split three-judge panel in the nation's capital sided with government lawyers in a lawsuit filed by unions representing federal employees. The majority ruled on technical grounds, finding that the unions don't have the legal right to sue because the Trump administration has said it won't end any collective bargaining agreements while the case is being litigated.

Judge Karen Henderson, appointed by Republican President George H.W. Bush, and Justin Walker, appointed by Trump, sided with the government, while Judge Michelle Childs, appointed by Democratic President Joe Biden, dissented.

The government says Trump needs the executive order so his administration can cut the federal workforce to ensure strong national security. The law requiring collective bargaining creates exemptions for work related to national security, as in agencies like the FBI.

Union leaders argue the order is designed to facilitate mass firings and exact “political vengeance” against federal unions opposed to Trump's efforts to dramatically downsize the federal government.

His order seeks to expand that exemption to exclude more workers than any other president has before. That's according to the National Treasury Employees Union, which is suing to block the order.

The administration has filed in a Kentucky court to terminate the collective bargaining agreement for the Internal Revenue Service, where many workers are represented by the National Treasury Employees Union. They say their IRS members aren't doing national security work.

Other union employees affected by the order include the Health and Human Services Department, the Energy Department, the Environmental Protection Agency and the Federal Communications Commission.