In a recent legal challenge, Department of Justice attorney Jeffrey Morrison is contesting a move by the National Treasury Employees Union (NTEU) to establish bargaining control over certain DOJ divisions. This effort was initiated shortly after President Trump’s election victory and has raised questions about its legality.
Morrison, with support from the National Right to Work Foundation, argues that the unionization attempt contravenes an existing Federal Labor Relations Authority (FLRA) decision. This decision previously determined that attorneys in the DOJ Civil Rights Division did not form an appropriate unit for unionization. Despite initial opposition from DOJ management, this stance changed following the November elections.
Morrison’s legal filings request that the FLRA reassess its approval of union elections in both the Civil Rights Division and the Environment and Natural Resources Division. He asserts that these divisions do not meet the criteria for separate bargaining units as established by precedent.
The applications also criticize the FLRA for not conducting an independent investigation into whether these units are suitable for unionization. “An agency agreeing with a union that a unit is appropriate does not mean that unit is actually appropriate,” Morrison’s filing states.
National Right to Work Foundation President Mark Mix commented on the situation, suggesting collusion between NTEU officials and DOJ bureaucrats to bypass established legal precedents regarding DOJ attorney unionization. Mix emphasized his organization’s commitment to supporting Morrison’s efforts against what he describes as a hasty and legally questionable unionization process.
