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Ninth Circuit May Halt Union Contract Cancellations

collective bargaining federal employment mindfulness at work mspb appeals union contracts Aug 28, 2025

In recent weeks, some federal agencies have moved aggressively to cancel collective bargaining agreements (CBAs). For employees, this has felt like the ground shifting under their feet. A CBA governs daily realities—work schedules, performance reviews, grievance steps, and official time for union reps. When those protections vanish overnight, the workplace rules that federal employees rely on to ensure fairness vanish with them.

A Legal Twist in the Ninth Circuit

Here’s the development worth watching: the Ninth Circuit Court of Appeals just signaled it may take a second look at whether agencies can cancel CBAs. Earlier this summer, a trial judge blocked the government’s order to scrap contracts, suggesting it looked retaliatory. But a three-judge appellate panel lifted that block, and agencies quickly began tearing up agreements.

Now, at least one judge has called for an “en banc” rehearing—a rare step that brings the full court into the case. That doesn’t guarantee a reversal, but it does mean serious legal questions remain. If the full court accepts the case, it could reinstate protections while the broader dispute plays out. For federal employees, that could translate into a much-needed pause.

What You Should Do Right Now

While the courts deliberate, federal employees need to protect themselves:

Confirm your contract status. Ask your union whether your CBA is still in force.
Get it in writing. If management says a contract is void, request confirmation in writing.
Save everything. Keep copies of emails, notices, or “new policies” that replace prior contract provisions.
Track grievances. If you have a grievance pending, monitor whether deadlines or procedures are being altered.

Documentation is key. If the courts later restore contract protections, a clear record can help enforce your rights retroactively.

A Mindful Perspective

It’s easy to feel powerless when rules change abruptly. But legal challenges often unfold in stages, with reversals and pauses along the way. The Ninth Circuit’s interest in a rehearing is a reminder that outcomes are not final until the process runs its course. For now, a posture of cautious optimism—paired with diligent record-keeping—helps employees stay grounded while the legal system works.

Looking Ahead

The Ninth Circuit is collecting additional briefs before deciding whether to take the case en banc. If they do, agencies could once again be blocked from canceling CBAs. If not, the fight will shift to the underlying merits of the case. Either way, unionized federal employees should prepare for further twists.

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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