The Solidarity Docket
Week of January 15, 2026
This week’s docket focuses on continued litigation over the Trump Administration’s anti-union executive orders and the status of federal funding as the January 30 deadline approaches.
Federal Unions Press Appeals Court to Uphold Injunction
The American Federation of Government Employees urged a federal appellate court to uphold a lower court injunction blocking portions of the Trump Administration’s executive orders that restrict collective bargaining rights.
AFGE argued that the district court correctly found the government failed to rebut evidence that the executive orders were motivated by retaliation against unions for protected First Amendment activity. Under long-standing Supreme Court precedent, the burden rests with the government to show it would have taken the same action absent the protected conduct. AFGE maintains that the government did not meet that burden.
The government argued that AFGE and other affected unions should have pursued their claims before the Federal Labor Relations Authority (FLRA), despite the fact that the executive orders place impacted bargaining units outside the FLRA’s jurisdiction. The government also asserted that presidential national security determinations are not subject to judicial review. Currently, the FLRA is holding many cases “in abeyance” pending the outcome of litigation over the legality of the EOs.
The appellate court did not issue a ruling from the bench. When an order is issued, we will update our Litigation Tracker.
District Court Blocks Application of EO 14343 to Bargaining Units
In a related case, a federal district court ruled that Section 2 of Executive Order 14343 is unlawful as applied to bargaining units at the U.S. Agency for Global Media.
The court issued a preliminary injunction preventing USAGM from canceling collective bargaining agreements or refusing to recognize AFSCME and the other plaintiff unions as the exclusive representatives of covered employees. The ruling preserves existing bargaining relationships while the case proceeds.
Appropriations Outlook Improves, but Shutdown Risk Remains
Congress enters January with momentum to fund additional federal agencies before the current continuing resolution expires on January 30, but uncertainty remains.
Three full-year appropriations bills were included in the current CR. The House has passed three additional bills with broad bipartisan support, and the Senate is expected to act this week. Negotiators have also released text for funding packages covering Financial Services and General Government, National Security, and the Department of State.
Despite this progress, unresolved issues remain. Observers warn that funding for the Department of Homeland Security may be particularly difficult, and a partial shutdown remains possible.
The current CR prohibits reductions in force during a shutdown. Questions remain about whether similar protections would apply under a future CR.
Collective Bargaining Legislation Faces Steep Senate Path
The House-passed Protect America’s Workforce Act (PAWA) (H.R. 2550) would rescind the Trump Administration’s collective bargaining executive orders affecting large portions of the federal workforce.
While unions including AFGE, AFSCME, NFFE, NTEU, and others continue to push for Senate action, the bill faces long odds. Passage would require 60 votes in the Senate and ultimately a veto-proof majority
Closing
As litigation over executive authority and collective bargaining continues, funding negotiations will shape the immediate operating environment for federal agencies and employees.
We will continue tracking court decisions, appropriations developments, and workforce impacts as the January 30 deadline approaches.
In Solidarity,
Suzanne Summerlin
General Counsel
Rise Up: Federal Workers Legal Defense Network
