Barry Winograd
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There’s No There There: The Trump Administration’s Use of Misleading Empirical Evidence to End Collective Bargaining for Most Federal Employees
President Donald Trump has issued several executive orders affecting the federal workplace. One directive with sweeping impact is Executive Order (EO) 14251, issued on March 27, 2025. The EO excludes federal employees in more than a dozen cabinet-level and other agencies from labor law coverage and collective bargaining agreements (CBAs).
Destination Supreme Court: Collective Bargaining for Federal Employees and the First Amendment
The Trump administration is seeking to transform the federal workplace, but is facing resistance from union lawsuits. Since the beginning of President Donald Trump’s second term, unions have sued on matters of widespread public concern, including civil service rules, resignation procedures, mass layoffs, probationary employee firings, agency closings, and employee privacy rights. The Administration has pushed back, not only in court, but through unilateral administrative action.
After the Supreme Court’s Bissonnette Decision: Applying the Transportation Worker Exclusion Under the Federal Arbitration Act, Part II
The first part of this column reviewed the Supreme Court’s recent decision in Bissonnette v. LePage Bakeries dealing with the transportation worker exclusion under Section 1 of the Federal Arbitration Act as well as issues that continue to generate litigation about its application. What should be done to resolve the continuing dispute over transportation workers under Section 1’s residual clause?
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