Aug 27, 2018

Big Win for NAGE Federal Employees

Several major provisions of Executive Orders 13,836, 13,837, and 13,839 were ruled invalid late Friday night, August 24, 2018, in a Memorandum Opinion issued by U.S. District Court Judge Ketanji Brown Jackson in the U.S. District Court for the District of Columbia.  The Opinion was in response to a lawsuit filed in June 2018 by NAGE and several other unions challenging aspects of all three executive orders. Brown Jackson ruled that several provisions of the executive orders were invalid because they had exceeded President Donald J. Trump’s authority and violated Congress’ intent to protect the collective bargaining rights of federal workers.    
In an accompanying Order, Judge Brown Jackson granted NAGE’s complaint in part and held invalid sections 5(a), 5(e), and 6 of Executive Order 13,836, “The Collective Bargaining Procedures Order”; sections 3(a), 4(a), and 4(b) of Executive Order 13,837, “The Official Time Order”; and sections 3, 4(a) and 4(c) of Executive Order 13,839, “The Removal Procedures Order”. The Judge also ordered that “the President’s subordinates within the Executive Branch are ENJOINED from implementing or giving effect to any of the invalid executive order provisions”. 
The Judge’s ruling means that collectively bargained rights such as official time, permissive bargaining   use of government property, and the challenging of certain issues through negotiated grievance procedures remain intact.
“This is a big win for NAGE federal employees across the country.  Rather than praising the good work federal employees do every day, this administration came into office determined to attack dedicated public servants through illegal executive orders designed to demoralize the very workforce that helps keep this government thriving,” remarked President David J. Holway.  “It is very refreshing to see that Judge Brown Jackson saw directly through the President’s unlawful actions.”
Federal Director Lee Blackmon also praised the Judge’s decision.  “This is a great day for NAGE federal members who, despite not having sufficient official time to address grievances, continued to work to ensure NAGE federal members’ rights were protected even under threats of losing their jobs.” 
Deputy General Counsel Sarah E. Suszczyk, who also serves as co-chair for the Federal Workers’ Alliance remarked in a quote picked up by the New York Times, Mother Jones, and, that she was “very pleased that the court agreed that the President far exceeded his authority, and that the apolitical career federal workforce shall be protected from these illegal, politically motivated Executive Orders.”
Deputy General Counsel Sarah Suszczyk has been quoted several times over this incredible win for the Federal sector.  We would like to thank her for her hard work in the Federal Workers' Alliance.  Please see the additional articles below:

The New York Times: Trump's Power to Fire Federal Workers Curtailed By Judge
The Guardian: Judge deals blow to Trump over attempt to make firing federal workers easier
Tampa Bay Times: Judge derails Trump's efforts to curb unions

KPBS: Judge Invalidates Key Parts of Trump's Executive Orders on Unions

Splinter: Court Strikes Down Trump Attempt to Weaken Federal Employee Unions 

UPI: Judge rules against Trump's exectuive orders on unions

We can either have democracy in this country or we can have great wealth concentrated in the hands of a few; but we can't have both. - Supreme Court Justice Louis Brandeis
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