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The National AFL-CIO Calls On The Supreme Court To Protect Workers’ Legal Rights & Uphold The Independence Of Federal Agencies

Published Sunday, November 23, 2025
by National AFL-CIO News
The National AFL-CIO Calls On The Supreme Court To Protect Workers’ Legal Rights & Uphold The Independence Of Federal Agencies

(WASHINGTON, D.C.) - The National AFL-CIO has called on the U.S. Supreme Court to uphold the independence of Federal Agencies and protect Workers’ ability to seek legal justice when their rights on the job are violated

Representing 64 Unions and 15 million Workers, the Nationwide Labor Federation filed an amicus Brief in Trump v. Slaughter, President Donald Trump’s bid to expand Presidential power and be allowed to fire independent Agency Officials.

If the Supreme Court rules for Trump, it will jeopardize the role Congress envisioned for the National Labor Relations Board (NLRB), Federal Labor Relations Authority (FLRA) and National Mediation Board (NMB), the agencies that provide the main legal avenues for Workers seeking to form Unions, engage in collective bargaining and get justice against Union-Busting. 

Before Congress created these independent agencies, the Government was “wary of holding employers legally accountable, and (the) DOJ (Department of Justice) was loath to bring criminal charges in labor disputes.”

As a result, that “ineffective enforcement led to significant disruption” of our economy and “widespread, turbulent and often violent Strikes.”

If the Supreme Court allows Trump to fire independent agency members at will, it could return Americans to that dark period in history and have serious implications for Working People, the National AFL-CIO said.

“Because the President has an interest in the outcome of Federal-Sector labor disputes,” the National AFL-CIO writes, “it would raise constitutional concerns if he could handpick his preferred Labor Relations Adjudicators to affect the outcome of particular cases.” 

Workers’ rights aren’t only implicated in the Supreme Court’s ruling in this case - it goes to the very heart of their legal establishment in this country, the National AFL-CIO said.

The agencies’ futures depend on whether the Court upholds precedents established during Working People’s fights for their rights, dating back to the passage of the National Labor Relations Act in 1935 and relying on the law that formed the NLRB being upheld.

And it was in “the wake of President (Richard) Nixon’s misuse of governmental power to ‘harass and intimidate opponents’” that Congress and President Jimmy Carter established the independent FLRA to protect the Federal Workforce from being weaponized for the President’s agenda, the National AFL-CIO said.

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