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NTEU filed a brief with the Supreme Court urging it to reverse a line of cases that the government has used to try and keep NTEU from being able to file lawsuits in federal district court.
This line of cases is at the heart of the government’s jurisdictional arguments in the Exclusions Order litigation, our mass firing litigation, the litigation over the administration’s attempts to dismantle the Consumer Financial Protection Bureau, and our Schedule Policy/Career litigation.
In these cases and others, the government has argued that under Supreme Court precedent, NTEU should not be allowed to file lawsuits in federal district court. Instead, the government argues, a union’s legal claims must be “channeled” through an administrative agency like the Federal Labor Relations Authority or the Merit Systems Protection Board. When this type of argument succeeds, NTEU is forced to bring its legal claims through administrative agencies that move very slowly and are run by the Administration’s political appointees.
In our brief, NTEU argues that this line of cases is flawed and should not be used to keep NTEU and its sister unions out of federal district court. A decision is expected in a few months.