National Treasury Employees Union v. Donald J. Trump
Civil Action No. 2025-0935
D.D.C.May 20, 2025Background
- The National Treasury Employees Union (NTEU) challenged Section 2 of Executive Order 14251, which excluded numerous federal agencies from the Federal Service Labor-Management Relations Statute (FSLMRS).
- On April 25, 2025, the district court granted a preliminary injunction blocking implementation of the order.
- The government appealed and sought a stay of the injunction; the district court denied the stay, but the D.C. Circuit granted it pending appeal.
- The D.C. Circuit concluded NTEU failed to establish irreparable harm, citing agency guidance directing agencies not to cancel collective bargaining agreements (CBAs) or file for decertification until litigation concludes.
- The D.C. Circuit allowed for individual injunctive relief if a specific agency deviates from the stated government policy to temporarily preserve existing CBAs.
- NTEU submitted evidence that, despite lack of formal CBA cancellations, some agencies engaged in conduct undermining or ignoring existing CBAs and union rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether irreparable harm exists justifying a preliminary injunction | NTEU: Loss of bargaining power, reputational & financial harm | Trump: Alleged harms are speculative under current agency policy | Court: NTEU did not show irreparable harm under current facts |
| Effect of agency actions pending litigation | NTEU: Agencies already disregarding CBA provisions | Trump: Agencies following guidance not to cancel CBAs | Court: Most harms speculative unless agency deviates from policy |
| Suitability of broader injunctive relief | NTEU: Broad injunction needed due to pervasive conduct | Trump: Tailored relief only if actual deviations occur | Court: Individual relief possible for specific deviations |
| Status of the preliminary injunction during appeal | NTEU: Injunction should remain in place | Trump: Stay warranted due to lack of irreparable harm | Court: Stay of injunction granted pending appeal |
Key Cases Cited
- None with official bluebook citations provided in the opinion excerpt.
