The Department of Justice Announces Affirmative Litigation Against the American Federation of Government Employees to Protect National Security

(WASHINGTON) - Last night, the Department of Justice filed a lawsuit in the Western District of Texas on behalf of eight agencies against affiliates of the American Federation of Government Employees.

Yesterday, the President issued an Executive Order entitled Exclusions from Federal Labor-Management Relations Programs. This order reflected the President’s determination that several federal agencies and subdivisions perform investigative and national security work and that those agencies may not be required to collectively bargain consistent with our national security.

The plaintiff agencies have collective bargaining agreements (CBAs) with the defendants, which are locals, councils, and Division 10 of the American Federation of Government Employees; those CBAs prevent the plaintiffs from implementing workforce policies that would help them further their national security missions.  The plaintiff agencies therefore wish to terminate their CBAs.  But to avoid unnecessary labor strife and to ensure legal certainty, they filed this declaratory judgment action to confirm that they are legally entitled to do so.

“We are taking this fight directly to the public-sector unions,” said Attorney General Pamela Bondi. “By affirmatively suing in Texas, we are aggressively protecting President Trump’s efforts to ensure unions no longer interfere in the national security functions of the government”

Underscoring this threat to national security, this lawsuit argues that “the President and his senior Executive Branch officials cannot afford to be obstructed by CBAs that micromanage oversight of the federal workforce and impede performance accountability.” This lawsuit also argues that the President “cannot effectively execute the laws or promote national security if his supervision of agents engaged in national security, intelligence, counterintelligence, or investigative missions is stymied by intrusive bargaining agreements and continuous bargaining obligations.”