Service Employees International Union Local 200 v. Trump, No. 19-4143 (2d Cir. 2020)Annotate this Case
The Second Circuit affirmed the district court's order denying the Unions' request for a preliminary injunction to enjoin the implementation of three Executive Orders relating to federal labor-management relations. The Orders and Guidances issued by President Trump address collective bargaining, work time for representational activities, and discipline and discharge.
After an independent review of the record and relevant case law, the court affirmed for substantially the reasons set forth by the district court in its carefully reasoned December 10, 2019 decision and order. The district court held that (1) it lacked subject matter jurisdiction over the Unions' substantive Administrative Procedure Act (APA) claim; and (2) the Unions' procedural APA claim was unlikely to succeed on the merits because the Guidances were not subject to notice-and-comment rulemaking as the Orders were "presumptively legally binding" and the Guidances "did nothing more than summarize the legally binding . . . Orders."