D.C. Circuit Ruling Threatens Union Rights for Federal Workers

On July 16, 2025, the D.C. Circuit Court allowed President Trump’s executive order to take effect, redefining more than 30 federal agencies as “national-security” operations. While the name sounds technical, the effect is sweeping: for two-thirds of federal workers, collective bargaining rights may vanish when their current union contracts expire.

This includes employees at the Departments of State, Defense, Veterans Affairs, Treasury, Justice, Homeland Security, and more. If you're in one of these agencies, prepare for the likely loss of official time, grievance procedures, dues check-off, and the right to negotiate working conditions.

Why This Isn’t Just a Labor Issue—It’s a Legal One

Here’s the legal core: The order invokes 5 U.S.C. § 7103(b)(1), a provision that lets certain agency heads exclude units from collective bargaining statutes if deemed related to national security. It also allows these same officials to restore those rights by simply filing a Federal Register notice.

This means the Secretary of Defense or Veterans Affairs can flip bargaining rights on or off for their subcomponents—without needing new legislation. Meanwhile, the Secretary of Transportation can unilaterally exclude parts of DOT, like the FAA. The power is real and immediate, and agencies are already signaling they’ll use it.

Your 7-Step Legal Toolkit for Lawful Resistance

Until the courts rule on the merits, here’s what federal employees can do—lawfully and effectively:

1. Document everything: If your telework, schedule, or grievance access changes, save a copy on a personal device.

2. Use § 7103(b)(1): Send a respectful email to your member of Congress asking if the agency head is considering certification to restore your bargaining rights.

3. Bookmark key dates: If management imposes changes, remember the FLRA’s 30-day challenge window.

4. Support digital dues: If payroll deduction halts, sign up for electronic dues to help your union show strength.

5. Comment strategically: Publicly post how your union supports mission readiness—“CBP: union-led safety reforms protect agents and the public.”

6. Join respectful pressure efforts: Lawful, polite outreach to decision-makers is your constitutional right.

7. Know you’re not alone: If your unit’s affected, say so. This builds visibility, community, and pressure.

Staying Grounded in Uncertainty

Dear friends, this is not just a political shift—it’s a moment of legal testing. While courts weigh the limits of executive power, you can take steady, mindful steps. A calm, coordinated response grounded in evidence and solidarity is the best defense against chaos.

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.