SAN FRANCISCO — A federal judge has issued a preliminary injunction that temporarily halts President Donald Trump’s executive order aimed at restricting collective bargaining rights across a significant portion of the federal government. The order targeted around 1 million federal employees, preventing unions from representing workers in 21 agencies primarily involved in national security and public safety.
The decision by U.S. District Judge James Donato comes after he determined that the executive order imposed an unprecedented limitation on collective bargaining by labeling entire cabinet departments as essential to national security. Judge Donato stated that Trump “greatly exceeded” the authority granted by previous similar executive actions, arguing that such a broad application undermines workers’ rights established over decades.
In particular, Donato pointed out that the Justice Department attorneys struggled to demonstrate how agencies like the National Institute of Allergy and Infectious Diseases should primarily qualify under a national security mission. The American Federation of Government Employees (AFGE), which serves as the lead plaintiff, contended that the selective enforcement of the order constitutes unconstitutional retaliation against unions that oppose the administration’s policies.
The judge further noted that while the court would not question the national security determinations made by the administration, unions had raised legitimate concerns about unfair targeting in retaliation for lawful speech. The AFGE, representing a large portion of federal employees, criticized the executive order as a blatant attempt to dismantle unions and disrupt the federal workforce.
Moreover, a White House fact sheet referred to “hostile Federal unions” and indicated that some groups had declared war on Trump’s initiatives. The sheet also emphasized that the President treasures partnerships with compliant unions while rejecting those that oppose his policies.
Judge Donato remarked that this attitude, as expressed in the fact sheet, indicated a clear hostility toward federal labor unions, suggesting that support was extended only to those unions that align with the administration’s agenda. He acknowledged evidence raising “serious and plausible” First Amendment concerns related to the enforcement of the executive order.
AFGE National President Everett Kelley responded by emphasizing that federal employees have enjoyed the right to bargain collectively for decades without threatening national security. Kelley asserted that the revocation of these rights appeared to be a calculated effort to undermine unions and disrupt essential services provided to the public.
Previously, a federal appeals court had permitted the Trump administration to implement the executive order while the legal challenges proceeded. A majority of the panel determined that unions lacked the standing to contest the order, as the administration claimed it would not terminate existing collective bargaining agreements during this period of litigation.
Despite this claim, Donato indicated that there were reports of at least two agencies, including the State Department’s Passport Services and the Agriculture Department’s Animal and Plant Health Inspection Service, having already ended collective bargaining agreements with their respective unions. The injunction aims to maintain the current state of collective bargaining rights ahead of a trial.
Federal employees have maintained collective bargaining rights for over 60 years, established initially through a series of executive orders starting in 1962. These rights are underpinned by the Federal Service-Labor Management Relations Statute, which allows the President to restrict collective bargaining for agencies deemed primarily engaged in intelligence or national security work.
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