Organizations Mentioned:AFL-CIO | American Federation of Government Employees | American Federation of Government Employees, AFL-CIO | American Federation of State, County & Municipal Employees, AFL-CIO | Bredhoff & Kaiser, PLLC | National Association of Government Employees, Inc. | National Federation of Federal Employees, IAM, AFL-CIO | National Nurses Organizing Committee - National Nurses United | National Nurses United | Office of Personnel Management | Service Employees International Union | U.S. Department of Agriculture | U.S. Department of Energy | U.S. Department of Homeland Security | U.S. Department of Housing | U.S. Department of Justice

“We need not infer the most jaundiced, retaliatory account of the President’s actions without greater support in the record.”

Vacating a preliminary injunction issued by a district court enjoining an executive order that excluded certain federal agencies from collective bargaining agreements, the Ninth Circuit determined that the executive order’s primary—if not only—concern with union activity was its interference with national security, a judgment that 5 U.S.C. § 7103(b)(1) at least presumptively entrusts to the Executive. The court explained that it was not required to read the fact sheet that accompanied the executive order in the worst possible light, especially when considered in the context of the neutral executive order and OPM guidance, and when affording the President some measure of deference in the national...

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