Executive Order Litigation Update

NTEU has filed a motion asking the court to preliminarily enjoin unlawful provisions of the challenged Executive Orders.

Wooden gavelAs I informed you in previous posts, NTEU has filed a court challenge to several provisions of two Executive Orders that were issued on May 25, 2018. ​On June 8, 2018, NTEU filed a motion with the court, asking that the challenged Executive Order provisions be preliminarily enjoined. If granted, this motion would prevent the unlawful sections of the orders from being implemented until the court has a chance to evaluate fully NTEU’s legal arguments.

​In support of its motion, NTEU argues that implementation of the challenged provisions would irreparably harm our union. Among other things, we assert that implementation would reduce our ability to fulfill our representational obligations, constrain our ability to negotiate collective bargaining agreements, and diminish our effectiveness in the workplace. On the other hand, we assert that a preliminary injunction will not harm the government. It will simply maintain the status quo while the legality of the challenged provisions is adjudicated.

Although we cannot be sure when the court will rule on our motion, courts generally take up motions for preliminary injunctions quickly.

I will keep you informed of further developments as they occur.

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.