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    Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Union sues on behalf of members at NASA in new challenge to executive orders, (Oct 9, 2025)

    By Brandi O. Brown, J.D.

    “IFPTE’s five bargaining units at NASA have had continuous representation for purposes of collective bargaining for decades,” it alleges, “across multiple presidential administrations (both Republican and Democratic) as we ...

    By Brandi O. Brown, J.D.

    “IFPTE’s five bargaining units at NASA have had continuous representation for purposes of collective bargaining for decades,” it alleges, “across multiple presidential administrations (both Republican and Democratic) as well as during wartime and peacetime.”

    A new lawsuit filed in D.C. federal court is the latest to challenge President Trump’s Executive Order No. 14343, “Further Exclusions from Federal Labor-Management Programs,” 90 Fed. Reg. 42,683 (Aug. 28, 2025) (“EO 14343”), which in turn is a follow-up to earlier Executive Order 14251, 90 Fed. Reg. 14,553 (Mar. 27, 2025).

    EO 14251 purported to strip collective bargaining rights from civilian employees in over 16 federal agencies and EO 14343 purported to remove an additional six agencies, including NASA, from coverage by the FSLRMS, based on the claim that, allegedly, the identified agencies have “national security” as their primary function.

    Primary function not national security. However, the suit contends, NASA does not have national security as its primary function, and it has been collectively bargaining with federal employee unions for decades.

    The lawsuit was brought by the International Federation of Professional & Technical Engineers (IFPTE), which is a labor organization whose members include thousands of workers employed by the National Aeronautics and Space Administration (NASA). Its five bargaining units at NASA, it states, “have had continuous representation for purposes of collective bargaining for decades, across multiple presidential administrations (both Republican and Democratic) as well as during wartime and peacetime.”

    Ultra vires and unconstitutional. IFPTE argues that EO 14343, as well as NASA’s implementation of it, are ultra vires and unconstitutional under the First and Fifth Amendments. They seek an order from the court invalidating EO 14343 and enjoining the Trump administration from implementing it.

    The case is No. 1:25-cv-03615.

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