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9th Circuit Enables Trump Order Ending Federal Workers’ Union Bargaining

A three-judge appeals panel found no retaliatory animus, allowing agencies to pause bargaining obligations under the order

Labor union members hold placards on the day of a rally in support of federal workers during a rush hour protest outside the L'Enfant Plaza Metro Station in Washington, D.C., U.S., March 24, 2025. REUTERS/Kent Nishimura/File Photo
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Overview

  • The 9th U.S. Circuit Court of Appeals suspended Judge James Donato’s injunction, permitting the administration to enforce Trump’s March order exempting 21 agencies from collective bargaining.
  • The panel majority ruled the order’s national security exemption did not express retaliatory animus and agreed the president would have acted irrespective of union lawsuits.
  • The executive order extends existing exemptions to agencies with primary intelligence, counterintelligence, investigative, or national security functions, affecting about 75% of unionized federal workers.
  • The American Federation of Government Employees said it will continue its appeal and remains confident of ultimately prevailing in court.
  • The decision follows conflicting injunctions and stays across federal appeals courts, highlighting the clash over executive authority and statutory labor protections.