As you are aware, NTEU is pursuing a legal challenge to the May 25th Executive Orders (EOs). In terms of our complaint, as I have shared with you, further briefing and the government’s statement of its position and NTEU’s reply, will be completed by July 24, 2018. The court will hold a hearing on NTEU’s motion, and motions filed by several other unions that have filed complaints over the EOs, on July 25, 2018, with the goal of issuing a decision on all the motions by the end of July.
Today, on behalf of several current and former members of Congress, Public Citizen, an advocacy organization, filed an amicus brief in support of NTEU and the other unions’ motions for summary judgment in the pending EO litigation. An amicus brief, literally defined as ‘friend of the court,’ is filed with a court by an individual or entity who is not a party to the complaint, but who has an overall interest in the court’s decision. Amicus briefs are commonly filed regarding matters of broad public interest. In this case, the legislators’ and Public Citizen’s interest stems from a belief that official time and grievance provisions in the EOs are contrary to the legislative framework established by Congress.
The current and former members of Congress who have joined NTEU in its effort to combat the EOs include former Democratic Missouri Congressman William Clay, Sr, who served in the U.S. House of Representatives from 1969–2000; former Republican Representative Jim Leach from Iowa who served in the House from 1977–2007; and current Congressmen Elijah Cummings (D-MD) and Peter King (R-NY). Both former Representatives Clay and Leach served on the Post Office and Civil Service Committee which is the precursor to today’s Committee on Oversight and Government Reform with jurisdiction over federal employees and federal labor-management relations. Representative Cummings currently serves as Ranking Member of the Oversight Committee, and Representative King is Chair of the House Homeland Security’s Subcommittee on Counterterrorism and Intelligence.
NTEU is pleased to receive strong, bipartisan congressional endorsement of our litigation in opposition to the EOs, as well as Public Citizen’s legal support. I will keep you informed of further developments as they occur with NTEU’s legal challenge. As a reminder, all of the filings, news releases, member messages, and other materials regarding NTEU’s challenge to the EOs are available on NTEU’s webpage at NTEU.org.