Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Federal Unions: The Ninth Circuit foreclosed further review and issued its mandate in AFGE v. Trump, clearing the way for the district court to dissolve the injunction against the order excluding dozens of agencies from collective bargaining.

• Education Department: The administration handed civil-rights enforcement to the Justice Department and special-education oversight to HHS — the largest step yet in winding down the department and moving where its employees' work is performed.

• Public Health Workforce: An internal CDC survey shows half of one center's staff reporting low morale as the agency runs a major Ebola response with about 27% fewer employees than in 2024 and no permanent director.

Top Stories:

1. Ninth Circuit Closes the Door on the Union Appeal — Mandate Issued in the Challenge to the Bargaining-Exclusion Order

Source: FedSmith.com, June 18, 2026

TL;DR: On June 17, 2026, the U.S. Court of Appeals for the Ninth Circuit issued an amended opinion and mandate in American Federation of Government Employees v. Trump (No. 25-4014). The order states that no petitions for panel rehearing or rehearing en banc will be permitted, ending AFGE's options within the appeals court on the preliminary-injunction question. Because the order also serves as the court's mandate, the U.S. District Court for the Northern District of California must now formally dissolve the preliminary injunction it entered in June 2025 against Executive Order 14251. That order, signed March 27, 2025, invoked the national-security provision of the Federal Service Labor-Management Relations Statute to exclude dozens of agencies — including State, Justice, Defense, Veterans Affairs, Energy, and Treasury — from collective-bargaining requirements. The Ninth Circuit had stayed the injunction in August 2025 and vacated it in February 2026, finding the government would have issued the order regardless of any retaliatory intent because it had an independent national-security basis. The court did not decide AFGE's separate claim that the order exceeds the President's statutory authority; that and other merits claims remain pending in the district court. In May 2026, the First Circuit declined to block a separate order requiring the VA to restore its AFGE contract, leaving the circuits split.

For federal employees, this means:

• If you work at one of the excluded agencies, your agency may continue terminating or declining to honor collective-bargaining agreements, and representation, grievance, and arbitration rights that depend on a CBA (Collective Bargaining Agreement) may no longer be available.
• Statutory protections that do not depend on a contract still apply — including MSPB (Merit Systems Protection Board) appeal rights for covered adverse actions and the EEO complaint process — so identify which of your rights survive the loss of a CBA.
• The underlying lawsuit is not over: the statutory claim that the order exceeds the President's authority continues in district court, and the split with the First Circuit raises the odds of eventual Supreme Court review.

Legal Insight:
Executive Order 14251 rests on 5 U.S.C. § 7103(b)(1), which lets the President exclude an agency or subdivision from the labor-management statute when its primary function is intelligence, counterintelligence, investigative, or national-security work and the statute cannot be applied consistent with national-security requirements. The right the order curtails — to form, join, and assist a labor organization — is guaranteed by 5 U.S.C. § 7102, and judicial review of the executive action runs through the courts of appeals rather than the agencies. The Ninth Circuit's mandate resolves only the preliminary-injunction question; whether the order exceeds the President's authority remains undecided in the district court.

2. Education Department Hands Civil-Rights and Special-Education Work to DOJ and HHS

Source: Federal News Network, June 16, 2026

TL;DR: On Tuesday, June 16, 2026, the administration announced that the Department of Justice will take over enforcement of civil rights in education and the Department of Health and Human Services will oversee special education — moving the day-to-day work of the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services out of the Department of Education. OCR investigates discrimination complaints at the nation's schools and universities; the special-education office administers billions of dollars in grants and oversees state compliance with the Individuals with Disabilities Education Act. The transfers, carried out through interagency agreements, are the most significant step yet in the administration's effort to wind down the department, which had already offloaded programs through ten earlier internal agreements. Education Secretary Linda McMahon said the agreements align federal responsibilities with the agencies best positioned to support them. Only Congress can close the department, and Education will keep performing some statutorily required tasks, such as responding to audits and issuing final determinations in civil-rights cases. OCR has already been thinned by mass layoffs, and the union representing department employees, along with several lawmakers, said the changes will create uncertainty for students, families, and staff.

For federal employees, this means:

• If your position is moving with a function to DOJ or HHS, ask in writing whether you are covered by a transfer of function and what your placement rights are; transfers of function carry specific rules under the RIF (Reduction in Force) regulations.

• If your job is instead being eliminated, RIF procedures — competitive area, retention registers, and assignment ("bump and retreat") rights — apply, and you may request the records behind any RIF action.

• Watch for changes to your position description, duty station, and chain of command; a directed reassignment to a different agency or location can carry appeal rights if you decline and are then removed.

Legal Insight:
Congress created the department in the Department of Education Organization Act, 20 U.S.C. §§ 3401–3510, and assigned core duties — including administration of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. — that an interagency agreement cannot transfer away on its own; the agency itself acknowledges it must keep performing tasks required by law. For affected employees, the operative protections are the reduction-in-force and transfer-of-function rules at 5 C.F.R. Part 351, which govern placement rights, retention standing, and the order of release when functions move or jobs are cut. If you receive a RIF or reassignment notice, the windows to respond and to appeal are short — a federal employment attorney can help you confirm your retention standing and preserve your appeal rights.

3. CDC Runs a Major Ebola Response Short-Staffed — Internal Survey Shows Half of One Center's Employees Report Low Morale

Source: Federal News Network, June 15, 2026

TL;DR: Federal News Network reported on June 15, 2026 that the CDC's National Center for Emerging and Zoonotic Infectious Diseases (NCEZID) is leading the U.S. response to one of the worst Ebola outbreaks on record while contending with deep staffing cuts and long-term leadership vacancies. In an all-staff survey of 340 employees, half rated their workplace morale "somewhat low" or "very low," about a third were neutral, and roughly 18% reported high morale; staffing and budget were the dominant concerns, raised in nearly 40% of responses. Federal workforce data show CDC staffing is down about 27% since fiscal 2024, and HHS recently conducted a second round of layoffs affecting employees missed in last year's reductions. Even so, about 90% of survey respondents said they are proud of NCEZID's work. CDC currently has no permanent director; NIH Director Jay Bhattacharya is overseeing it on an interim basis, and the report states he has exceeded the acting-service period set by the Federal Vacancies Reform Act. The CDC reports more than 800 confirmed Ebola cases and 180 confirmed deaths, most in the Democratic Republic of Congo, with some in Uganda.

For federal employees, this means:

• If you are asked to volunteer or deploy for the Ebola response, get the assignment, duration, pay, and safety arrangements in writing, and confirm how the detail affects your home-division duties.

• Raising staffing or safety concerns through proper channels is protected activity; document what you report, to whom, and when.

• If another RIF reaches your position, the RIF regulations govern notice, competitive standing, and placement rights — keep copies of your SF-50s and performance records now.

Legal Insight:
A disclosure you reasonably believe shows a substantial and specific danger to public health or safety — including unsafe staffing on an outbreak response — is protected under 5 U.S.C. § 2302(b)(8), and reprisal for it is a prohibited personnel practice enforceable through the Office of Special Counsel and the Merit Systems Protection Board. Separately, the Federal Vacancies Reform Act, 5 U.S.C. §§ 3345–3349d, limits how long a vacancy may be filled by an acting official and how that official may be designated; service beyond those limits can leave certain agency actions legally vulnerable. If you face discipline or an unwanted detail after raising safety or staffing concerns, a federal employment attorney can help you weigh an OSC complaint or an MSPB whistleblower appeal.

Legal Tip of the Day

When You’re Pulled Into an Internal Investigation

Being involved in an internal investigation can be stressful whether you are a witness, subject, or unsure of your role. Statements made early can shape the entire record and may later affect discipline, clearance, performance, or EEO issues. Before answering, ask who is conducting the investigation, what the topic is, whether participation is required, and whether you may have a representative. Tell the truth, but do not guess, speculate, or fill gaps from memory if you are unsure. Keep personal notes about the interview request and what was discussed. Southworth PC can help federal employees prepare for investigative interviews and understand the risks before speaking.

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