Federal Manager's Daily Report

A second federal appeals court has rejected a union-sponsored suit against the three 2018 Trump administration executive orders on federal employee disciplinary policies and union rights, agreeing with a lower court that such a challenge must first go through the administrative process.

That was the same conclusion that the federal appeals court for the District of Columbia Circuit reached in mid-2019 when it overturned a lower court that had issued an injunction against many portions of those orders.

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Following that ruling, unions turned their attention to a separate suit filed about the same time in federal court in New York state, also seeking to block the rules.

However, that court and now the Second Circuit federal appeals court, which oversees it, reached the same conclusion: that federal courts currently have no jurisdiction over the orders because the Civil Service Reform Act requires that the challenges go first through the grievance/arbitration process and then to the Federal Labor Relations Authority.

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