Late Friday, Judge Ketanji Brown Jackson of the United States District Court for the District of Columbia, issued a decision, partially granting the union-plaintiffs' motion for summary judgment and issuing an injunction preventing the administration from implementing key provisions of the three executive orders (EO) issued on May 25, 2018. The EOs would have: (1) expedited the process for removing employees from federal service; (2) reduced the use of union official time government-wide; and (3) reduced the time it takes to negotiate collective bargaining agreements (CBAs) and to reduce the costs contained within them.
Because of the way other unions' CBAs were written and how other agencies were implementing the EOs, those unions could not make similar assurances to their members. Instead, they sued, and on Friday, the Judge agreed with their arguments, in part, finding some of the provisions of each EO to be invalid because they conflict with the Federal Service Labor-Management Relations Statute (title 5 United States Code chapter 71). Specifically the Judge wrote, "
this Court has concluded that many of the challenged provisions of the Orders at issue here effectively reduce the scope of the right to bargain collectively as Congress has crafted it, or impair the ability of agency officials to bargain in good faith as Congress has directed, and therefore cannot be sustained."
This decision is only the first step in the judicial review of the EOs, as the administration is likely to appeal the District Court's decision. In the meantime, the administration is prevented from implementing key provisions of the EOs, including the restrictions on official time, union office space, and the expedited processes for conducting opportunities to demonstrate acceptable performance and removing employees.
Regardless of the ultimate judicial resolution of this case, the EOs shall effect no change on NATCA's negotiated agreements, both term CBAs and mid-term agreements, as well as established past practices, whether national, regional, or local.
We are confident that FAA and Department of Transportation will honor our CBAs in compliance with the law, our CBAs, and the OPM guidance
If you become aware of any attempt by the agency to implement any part of the EOs, or make any other changes, please immediately contact your FacRep and Regional Vice President.
In Solidarity,
