Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Lawsuit challenges inclusion of NWS, U.S. PTO Office in national security executive order, (Sep 4, 2025)

By Patricia K. Ruiz J.D.

The complaint alleges the president, by issuing the EO, exceeded his authority under the Federal Service Labor-Management Relations Statute.

The National Weather Service Employees Organization (NWSEO) and the Patent Office Professional Association (PTOPA) have filed suit against the Trump administration following the issuance of an executive order (EO) excluding the National Weather Service (NWS) and the U.S. Patent and Trademark Office (USPTO) from the Federal Labor-Management Relations Program. The complaint, which alleges that the EO violates the First and the Fifth Amendment, seeks declaratory and injunctive relief.

Collective bargaining in federal service. The Federal Service Labor-Management Relations Statute provides a comprehensive statutory framework to govern collective bargaining in the federal civil service. The statute guarantees federal employees the basic rights to form, join, or assist any labor organization, or to refrain from any such activity and to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees.

Executive orders. EO 14251 (90 Fed. Reg. 14553, March 27, 2025) terminated the collective bargaining rights of employees in ten Cabinet-level departments and seven independent agencies whose “primary function” is ostensibly national security, the complaint states, “allegedly because the [Statute] ‘cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations.’” The March EO included, among others, the Department of State, the Department of Veterans Affairs, and the Environmental Protection Agency. Between the time of the first and second EOs, other agencies have moved to eliminate union representation for employees, including the U.S. Department of Health and Human Services.

On August 28, 2025, President Trump issued another EO regarding exclusions from the Federal Labor-Management Relations Program. The new order, titled “Further Exclusions from the Federal Labor-Management Relations Program,” adds to the list of exclusions included, which is currently undergoing several court challenges.

New additions. Now included in the list of agencies or subdivisions that purportedly “have as a primary function intelligence, counterintelligence, investigative, or national security work” are NASA; the U.S. Agency for Global Media; the National Weather Service; National Environmental Satellite, Data, and Information Service; the International Trade Administration; the Office of the Commissioner for Patents and subordinate units, Patent and Trademark Office; and “Units in the Bureau of Reclamation with primary responsibility for operating, managing, or maintaining hydropower facilities.”

Function of agencies. The EO’s fact sheet states, “NWS was first established as a subdivision of the U.S. Army Signal Service Corps. NWS and [the National Environmental Satellite, Data, and Information Service (NESDIS)] provide weather and climate data that inform the weather forecasting used to plan U.S. military deployments. Weather forecasts have long been critical factor in the success or failure of military operations.” As to the PTO, the fact sheet states, “The Invention Secrecy Act tasks the PTO with reviewing inventions made in the United States, assessing whether their release could harm national security, and if so, issuing secrecy orders that prevent public disclosure. Effectively performing this work is essential to ensuring U.S. inventions with military or other national security applications do not fall into enemy hands.”

Complaint. The complaint states that the White House candidly admitted in the fact sheet to the March EO that the EO was issued to curtail the power of and punish those particular labor organizations that had ostensibly “obstructed” the president’s efforts to illegally dismantle the federal government, to coerce employees into resigning by terminating telework, and to illegally dismiss large segments of the federal workforce represented by these labor organizations. The plaintiffs allege that they were targeted by the August EO because they have continued to fulfill their legal duty to protect the interests of their members and the public they serve by filing grievances against the administration’s efforts to harass, undermine, and dismantle the civil service and the mission of Federal agencies.

The complaint alleges that “national security work” is not a responsibility, nor is it the primary function, of the agencies and that the president clearly exceeded the authority granted to him by Congress under the Statute by exempting the agencies from its coverage, making his action ultra vires. Further, NWSEO and POPA allege that the EO violates their first amendment rights to assemble and to petition for redress of grievances by filing grievances through a negotiated union procedure and to be free from retaliation for engaging in such activities. The plaintiffs finally allege that the EO violates the Fifth Amendment’s guarantee of equal protection of the laws.

Relief requested. The complaint seeks a declaration that the August EO as applied to the agencies in question is unlawful and null and void, as well as injunctive relief preventing implementation of the EO.

The lawsuit was filed in federal court in the District of Columbia; the case is No. 25-cv-02947.

News: LitigationNewsTrends LaborNews Labor Bargaining UnionsMembers PublicEmployees Retaliation RemediesDamages