NASA Union Rights Lawsuit Tests Presidential Power
collective bargaining federal employment labor rights nasa employees national security orders Oct 16, 2025Last week, the International Federation of Professional and Technical Engineers (IFPTE) filed a second lawsuit against the administration—this time over NASA. In March, the President invoked a rarely used national-security clause in the Civil Service Reform Act to suspend collective bargaining rights for most federal employees. The first lawsuit, filed in July, focused on Defense Department units. The August expansion swept in civilian agencies like NASA, NOAA, the National Weather Service, and the U.S. Agency for Global Media.
The new NASA complaint centers on two claims. First, retaliation: IFPTE argues NASA was singled out because the national union opposed the March order and its local continued filing grievances and bargaining requests. Second, misuse of national-security authority: NASA’s statute explicitly defines it as a civilian, peaceful agency, separate from defense functions handled by the Pentagon. The creation of the Space Force in 2019 further cemented that divide.
What the Courts Will Ask Next
Just before the NASA filing, Judge Paul Friedman issued a preliminary injunction restoring union rights for IFPTE’s Defense Department units. The NASA case, initially assigned to Judge Carl Nichols, may be transferred to Friedman given the overlap. Whichever judge presides, three core questions will shape the outcome:
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Can a President declare civilian agencies “national security” entities to erase bargaining rights?
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Was NASA targeted in retaliation for protected union activity?
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Do the First and Fifth Amendments—or the Administrative Procedure Act—limit the order’s reach?
These are not just procedural skirmishes; they strike at the boundaries of executive power and federal workplace democracy.
What NASA and Other Affected Employees Should Do
If you’re at NASA, NWS, NOAA, or USAGM, start building your record now. Save emails, memos, and meeting notes showing changes to working conditions or refusals to bargain. Document when management acts unilaterally or denies representational access. Coordination with your local union is key—especially on grievance and unfair-labor-practice deadlines.
Most importantly, don’t silence lawful union activity out of fear. The courts are watching these cases closely, and visibility helps establish that the right to organize remains alive and protected.
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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