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Can Executive Orders Erase Federal Union Rights?

collective bargaining executive orders federal employment mindfulness at work union rights Jan 14, 2026

Federal employees are once again caught in the middle of a high-stakes legal fight over collective bargaining—and this one reaches far beyond any single agency or union. This week, the American Federation of Government Employees (AFGE) returned to the Ninth Circuit Court of Appeals, asking judges to reinstate an injunction that had blocked executive orders aimed at stripping collective bargaining rights from large segments of the federal workforce.

Understanding where things stand now helps reduce some of the anxiety caused by constant legal whiplash. A federal district court initially blocked the executive orders, preventing agencies from enforcing them. The Ninth Circuit later paused that injunction while it considers the appeal. Translation: the court has not ruled on the merits yet, but the practical reality for federal employees is uncertainty. Agencies are watching closely, unions are on alert, and employees are left wondering what protections may still exist tomorrow.

Why “National Security” Is the Government’s Core Argument

The administration’s legal defense centers on national security. Federal labor law does allow a president to exclude certain agencies—or parts of agencies—from collective bargaining if their primary function involves national security or intelligence work. That carve-out is real, and courts have recognized it for decades.

The unresolved question is scope. How far can that exception stretch before it swallows the rule? National security has historically applied to narrowly defined components with clear intelligence or defense missions. What is being tested now is whether that label can be used to justify sweeping exclusions across broad parts of the civil service.

Retaliation vs. Legitimate Authority

Unions argue this case is not really about security at all. Their position is that the executive orders were retaliatory—punishment for unions speaking out, filing lawsuits, or challenging administration policies. That distinction matters legally.

If the same exclusions would have occurred regardless of union activity, courts are more likely to defer to presidential authority. But if the real motivation was silencing organized opposition, that raises serious First Amendment concerns. Courts are often skeptical when “national security” appears to be a post-hoc justification rather than the genuine driver of policy.

What Federal Employees Are Already Experiencing

For many employees, this dispute is no longer theoretical. Some agencies are already experimenting with reduced bargaining, faster implementation of workplace changes, and more “take it or leave it” directives. Others have seen delays in grievance processing or less visible union representation as everyone waits for legal clarity.

From a mindful perspective, uncertainty is often more destabilizing than bad news. The most grounded response is awareness without panic: track what is changing in the workplace, document deviations from established procedures, and understand which protections still exist under statute regardless of executive orders.

What’s at Stake If Bargaining Rights Vanish

Collective bargaining is not an abstract concept. It affects day-to-day protections: representation during discipline, enforceable grievance procedures, and negotiated working conditions. If those disappear, individual employees are left to navigate complex systems alone—often while under stress or facing adverse action.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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