Unions sue DoD over termination of collective bargaining agreements

Two unions are suing the Defense Department over its recent cancellation of collective bargaining agreements for most of its civilian workforce.

The lawsuit, filed Thursday by the American Federation of Government Employees and the National Federation of Federal Employees, alleged that the department’s decision to terminate collective bargaining agreements violated the Administrative Procedure Act. 

The unions argued that Defense Secretary Pete Hegseth’s April 9 memo canceling virtually all CBAs “reversed DoD’s policy to leave CBAs in place without any reasoned explanation” and misinterpreted the executive order it relied on to justify the move.  

“Because DoD has acted arbitrarily and capriciously and in contravention of law, DoD’s actions, including Secretary Hegseth’s memorandum, must be vacated and set aside,” the complaint said.

Last year, President Donald Trump authorized agencies with national security-related missions to suspend collective bargaining in an effort “to enhance the national security of the United States.” While several agencies moved to cancel contracts with union workers following Trump’s executive order, the Defense Department continued honoring collective bargaining agreements for roughly a year. 

The lawsuit argued that the Defense Department abruptly reversed course in April, executing an “unexplained U-turn in its labor relations policy” by ordering agencies to terminate collective bargaining agreements within 24 hours. At the time, Hegseth said that the move is “required to align agency operations with national security requirements as outlined in executive order 14251.” 

“The [executive order] had been issued a year earlier and the legality of the executive order is still being disputed in multiple court cases. The secretary did not explain why DoD was suddenly changing course about CBAs more than a year after issuance of the executive order or why CBAs could not remain in effect until the conclusion of litigation regarding the executive order or until the CBAs expire on their own terms,” the lawsuit said. 

The complaint also described the Pentagon’s rollout of the policy as “chaotic.”

According to the lawsuit, there was almost “no notification or communication at all about what actions were being taken, if any.” Some union leaders were notified by phone that their collective bargaining agreements had been terminated, while others received emails or letters. Some said they received no notification at all, saying that agency officials “went radio silent” or stopped responding to routine questions.

“Beyond these ‘official’ notifications (or lack thereof), Secretary Hegseth’s memorandum began a firestorm of confusion and misinformation at facilities nationwide — about who still did or did not have collective bargaining agreements, and why, and since when,” the complaint said.

“Especially perniciously, managers across the country immediately began telling workers that ‘the union doesn’t exist anymore’ — a completely false message that continues to cause severe confusion and harm to unions and workers alike. Since Secretary Hegseth’s memorandum, union officials describe these false official communications and statements about their unions as taking place ‘constantly, everywhere, everyday,’” it added.

In addition, the Defense Department has stopped accepting grievances under the CBAs, leaving civilians without one of the primary mechanisms for resolving disputes about workplace conditions. 

“At one Army facility, for example, an employee was recently put on a ‘performance improvement plan’ that appears both discriminatory and a transparent prelude to termination — yet because her CBA was purportedly terminated, she now has no recourse to challenge the performance improvement plan or assert her rights,” the complaint said. 

Meanwhile, AFGE continues to challenge Trump’s executive orders and agencies’ implementation of those directives. Those lawsuits argued, in part, that the administration unlawfully retaliated against unions for engaging in protected First Amendment activities. The Defense Department lawsuit focuses on the Pentagon’s implementation of the policy.

“For decades, workers at the Department of Defense have had the right to unionize, and employees exercising that right has never been detrimental to U.S. national security,” NFFE National President Randy Erwin said in a statement. “The Trump administration unilaterally and illegally stripping collective bargaining rights from DoD workers only serves to weaken morale, harm recruitment and retention, and reduce accountability — jeopardizing our national security and the critical mission of the agency. NFFE locals are proud to join their AFGE brothers and sisters in challenging the cancellation of their collective bargaining agreements and we are confident the rule of law will prevail.”  

The lawsuit also comes as Congress continues to push back against the president’s executive orders. The House Armed Services Committee, for instance, recently adopted an amendment to ban the Defense Department’s use of fiscal 2027 funds to implement the president’s executive order. It’s unclear if the amendment will survive negotiations — last year, a similar provision was ultimately stripped from the final version of the 2026 defense policy bill.  

But the issue is once again expected to become a point of contention as House and Senate lawmakers negotiate a final version of the fiscal 2027 defense authorization bill.

“I think this is one of the most consequential amendments we’re going to see today. President Trump’s executive order last year eliminated the collective bargaining rights for over 1.5 million federal employees, including a large swath of DoD civilian employees. It was single-handedly the hottest and most aggressive anti-union action taken by a president in U.S. history,” Rep. Sarah Elfreth (D-Md.) said.

In April, lawmakers asked Defense Secretary Pete Hegseth about his decision to cancel nearly all collective bargaining agreements across the department, Hegseth said he “fundamentally believes the Department of War should not be subject to collective bargaining. Full stop.”

“I think our department does a great job providing pay and benefits for folks across the spectrum,” Hegseth told the House Armed Services Committee on April 29.

If you would like to contact this reporter about recent changes in the federal government, please email anastasia.obis@federalnewsnetwork.com or reach out on Signal at (301) 830-2747. 

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