Executive Order Litigation Update

NTEU has bolstered its complaint to include challenges to the purported exclusion of performance ratings and incentive pay, including monetary awards, from the scope of the negotiated grievance procedure.

Wooden gavelAs I previously shared, NTEU has filed suit to challenge provisions of two Executive Orders (EOs) that were issued on May 25. NTEU originally challenged portions of the EOs concerning official time and performance improvement periods.

NTEU has now expanded the scope of its legal challenge. NTEU has revised its court complaint to include a challenge to the EO provisions that would exclude performance ratings and all incentive pay, including monetary awards, from the scope of the negotiated grievance procedure.

U.S. District Court, District of Columbia
U.S. District Court, District of Columbia

It has also become apparent that, due to the filing of multiple complaints in another court and the likelihood that additional complaints will be filed in that court, NTEU’s complaint is likely to be transferred. Accordingly, to minimize the delay associated with likely transfer proceedings, NTEU has elected to withdraw its original complaint and re-file its updated complaint in the U.S. District Court for the District of Columbia. In this manner, NTEU will, without undue delay, be able to get on with the business of challenging the EOs in the court to which it were likely to have been transferred.

I will keep you updated with additional developments as they occur. You may also find information at https://www.nteu.org/manage-my-chapter/executiveorder.

Author: chapterpresident

I have worked in the FDA since 1990 in a variety of positions. I currently serve as chapter president of NTEU Chapter 254, representing FDA employees in Arkansas, Colorado, Iowa, Kansas, Missouri, Nebraska, New Mexico, Oklahoma, Texas, and Utah.