The American Federation of Government Employees’ National VA Council has initiated a lawsuit against the implementation of President Trump’s executive orders. These orders have reportedly stripped two-thirds of the federal workforce of their collective bargaining rights. The lawsuit emphasizes alleged violations by the Department of Veterans Affairs (VA) in its adherence to the executive directives.
Lawsuit Filed in U.S. District Court
The complaint was filed on Tuesday in the U.S. District Court for Rhode Island. It distinguishes itself from other legal challenges by focusing on VA Secretary Doug Collins’ actions in enforcing the orders. This lawsuit highlights not only the executive orders but also the First and Fifth Amendment claims typically raised in such cases.
Key Allegations Against VA
- The lawsuit claims Secretary Collins’ termination of union contracts was “arbitrary and capricious.”
- It argues that this action was an abuse of discretion and contrary to the law.
- The termination and an April 11 order exempting certain unions lacked justification.
The lawsuit contends that Collins had the authority to apply federal sector labor laws consistently while considering national security but failed to do so. Instead, he terminated collective bargaining rights inconsistently among various unions.
Exemptions and Political Activity
The union argues that Collins’ decisions to exempt specific smaller unions from the executive orders were politically motivated. A spokesperson for the VA indicated these unions retained their bargaining rights due to a lack of grievances filed. This selective enforcement raises concerns about political bias over national security.
Impact on VA Employees
- Employees have lost their union rights while others working alongside them have retained theirs.
- Firefighters and police officers within the VA, many of whom belong to AFGE, have faced reduced bargaining power.
The lawsuit argues that Secretary Collins did not comply with Section 4(b) of the executive order regarding appropriate exemptions. It asserts that the exemptions disrupted the unity of bargaining units across VA facilities, creating disparity among employees of the same local union.
Current Status of the Executive Orders
A preliminary injunction from AFGE temporarily halted the implementation of these executive orders. However, this decision was reversed by a three-judge panel on the Ninth Circuit Court of Appeals. The entire Ninth Circuit is now reviewing whether to overturn this decision, which may affect the broader application of the orders.
