Case: North America's Building Trades Unions v. Department of Defense

1:25-cv-01070 | U.S. District Court for the District of District of Columbia

Filed Date: April 9, 2025

Closed Date: July 7, 2025

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Case Summary

This case challenged memoranda issued by the Trump Administration's Department of Defense (DoD) and General Services Administration (GSA) in February 2025. These memoranda allowed large-scale construction projects to bypass the requirements of Executive Order 14,063, which President Biden signed in 2022. This executive order required agencies to ensure that contractors or subcontractors involved in large-scale construction projects negotiate or enter into a project labor agreement (PLA) with a labor organization, but the memoranda stated that contractors no longer needed to meet these requirements. While President Trump repealed a separate executive order that promoted the use of PLAs, he did not rescind President Biden's executive order.

On April 9, 2025, labor organizations made up of national and local trade unions and councils filed a lawsuit against the DoD and the GSA in the U.S. District Court for the District of Columbia. Represented by private counsel, the organizations claimed that the memoranda contradicted President Biden's executive order, were arbitrary and capricious under the Administrative Procedure Act, and therefore were unlawful. The plaintiffs sought a declaratory judgment that the memoranda were unlawful, both a preliminary and permanent injunction to prevent the defendants from enforcing them, and the recovery of court costs.

The case was assigned to District Judge Rudolph Contreras. On the plaintiffs' motion, Judge Contreras issued a preliminary injunction on May 16, 2025. The judge found that the plaintiffs were likely to succeed on their APA claims because the memoranda issued by the defendants did not meet the requirements of President Biden's executive order and did not provide an appropriate justification for deviating from it. Therefore, Judge Contreras issued a preliminary injunction that set aside the memoranda in their entirety. 2025 WL 1423610.

On June 23, the defendants filed a motion to dismiss, arguing that the court did not have jurisdiction over the case. However, on July 7, the plaintiffs moved to voluntarily dismiss the case.

The case is closed.

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Summary Authors

Jeremiah Price (5/28/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69864612/parties/north-americas-building-trades-unions-v-department-of-defense/

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Aubrey, Lucas Robert (District of Columbia)

Demree, Jacob James (District of Columbia)

Lange, Erich H. (District of Columbia)

Attorney for Defendant

Kurland, Benjamin S. (District of Columbia)

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Aubrey, Lucas Robert (District of Columbia)

Demree, Jacob James (District of Columbia)

Lange, Erich H. (District of Columbia)

Newman, Jonathan David (District of Columbia)

Attorney for Defendant

Kurland, Benjamin S. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-01070	Complaint for Declaratory and Injunctive Relief	April 9, 2025	April 9, 2025 Complaint
19 1:25-cv-01070	Memorandum Opinion	May 16, 2025	May 16, 2025 Order/Opinion 2025 WL 1423610

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...
EO 14063 - Use of Project Labor Agreements for Federal Construction Projects President Joseph Biden	Directing federal agencies to use project labor agreements in connection with large-scale construction projects to promote economy and efficiency in federal procurement.	Feb. 4, 2022	Feb. 4, 2022 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69864612/north-americas-building-trades-unions-v-department-of-defense/

Last updated Aug. 21, 2025, 8:49 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against DEPARTMENT OF DEFENSE, STEPHEN EHIKIAN, GENERAL SERVICES ADMINISTRATION, PETER B. HEGSETH ( Filing fee $ 405 receipt number ADCDC-11601324) filed by NORTH AMERICA'S BUILDING TRADES UNIONS, Baltimore-D.C. Metro Building and Construction Trades Council. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Civil Cover Sheet Civil Cover Sheet, # 5 Summons Summons to Attorney General, # 6 Summons Summons to Department of Defense, # 7 Summons Summons to Stephen Ehikian, # 8 Summons Summons to General Services Administration, # 9 Summons Summons to Peter B. Hegseth, # 10 Summons Summons to U.S. Attorney for the District of Columbia)(Demree, Jacob) (Attachment 4 replaced on 4/9/2025) (znmw). (Entered: 04/09/2025) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER 4 Civil Cover Sheet Civil Cover Sheet View on PACER 5 Summons Summons to Attorney General View on PACER 6 Summons Summons to Department of Defense View on PACER 7 Summons Summons to Stephen Ehikian View on PACER 8 Summons Summons to General Services Administration View on PACER 9 Summons Summons to Peter B. Hegseth View on PACER 10 Summons Summons to U.S. Attorney for the District of Columbia View on PACER	April 9, 2025	April 9, 2025 Clearinghouse
2	SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/09/2025)	April 9, 2025	April 9, 2025 PACER
3	NOTICE of Appearance by Jonathan David Newman on behalf of All Plaintiffs (Newman, Jonathan) (Main Document 3 replaced on 4/9/2025) (znmw). (Entered: 04/09/2025)	April 9, 2025	April 9, 2025 PACER
4	NOTICE of Appearance by Lucas Robert Jason Aubrey on behalf of BALTIMORE-D.C. METRO BUILDING AND CONTRUCTION TRADES COUNCIL, NORTH AMERICA'S BUILDING TRADES UNIONS (Aubrey, Lucas) (Main Document 4 replaced on 4/10/2025) (znmw). (Entered: 04/09/2025)	April 9, 2025	April 9, 2025 PACER
	Case Assigned/Reassigned	April 9, 2025	April 9, 2025 PACER
	Case Assigned to Judge Rudolph Contreras. (znmw)	April 9, 2025	April 9, 2025 PACER
5	MOTION for Preliminary Injunction by BALTIMORE-D.C. METRO BUILDING AND CONTRUCTION TRADES COUNCIL, NORTH AMERICA'S BUILDING TRADES UNIONS. (Attachments: # 1 Memorandum in Support, # 2 Declaration Sean McGarvey Declaration, # 3 Exhibit A to McGarvey Decl, # 4 Exhibit B to McGarvey Decl, # 5 Exhibit C to McGarvey Decl, # 6 Exhibit D to McGarvey Decl, # 7 Exhibit E to McGarvey Decl, # 8 Exhibit F to McGarvey Decl, # 9 Exhibit G to McGarvey Decl, # 10 Declaration Akerman Declaration, # 11 Exhibit A to Akerman Decl, # 12 Exhibit B to Akerman Decl, # 13 Text of Proposed Order)(Newman, Jonathan) (Entered: 04/10/2025) 1 Memorandum in Support View on PACER 2 Declaration Sean McGarvey Declaration View on PACER 3 Exhibit A to McGarvey Decl View on PACER 4 Exhibit B to McGarvey Decl View on PACER 5 Exhibit C to McGarvey Decl View on PACER 6 Exhibit D to McGarvey Decl View on PACER 7 Exhibit E to McGarvey Decl View on PACER 8 Exhibit F to McGarvey Decl View on PACER 9 Exhibit G to McGarvey Decl View on PACER 10 Declaration Akerman Declaration View on PACER 11 Exhibit A to Akerman Decl View on PACER 12 Exhibit B to Akerman Decl View on PACER 13 Text of Proposed Order View on PACER	April 10, 2025	April 10, 2025 PACER
	NOTICE of Provisional/Government Not Certified Status re 3 NOTICE of Appearance by Jonathan David Newman on behalf of All Plaintiffs (Newman, Jonathan) (Main Document 3 replaced on 4/9/2025) (znmw)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 4/17/2025. (zapb)	April 10, 2025	April 10, 2025 PACER
	Notice of Provisional/Government Not Certified Status	April 10, 2025	April 10, 2025 PACER
	RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 3 NOTICE of Appearance by Jonathan David Newman on behalf of All Plaintiffs (Newman, Jonathan) (Main Document 3 replaced on 4/9/2025) (znmw)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 4/17/2025. (zapb) 4/10/2025 (zapb).	April 10, 2025	April 10, 2025 PACER
6	NOTICE of Appearance by Benjamin S. Kurland on behalf of All Defendants (Kurland, Benjamin) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 PACER
7	Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Injunction by DEPARTMENT OF DEFENSE, STEPHEN EHIKIAN, GENERAL SERVICES ADMINISTRATION, PETER B. HEGSETH. (Attachments: # 1 Text of Proposed Order)(Kurland, Benjamin) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 PACER
	MINUTE ORDER granting 7 Motion for Extension of Time: It is hereby ORDERED that Defendants shall respond to Plaintiffs' motion for preliminary injunction on or before April 25, 2025 and Plaintiffs shall file a reply in support of their motion on or before May 2, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 04/16/2025. (lcrc2)	April 16, 2025	April 16, 2025 PACER
10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 4/17/2025 (Demree, Jacob) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEPHEN EHIKIAN served on 4/21/2025 (Demree, Jacob) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GENERAL SERVICES ADMINISTRATION served on 4/21/2025 (Demree, Jacob) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETER B. HEGSETH served on 4/17/2025 (Demree, Jacob) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/8/2025. (Demree, Jacob) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/18/2025. (Demree, Jacob) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
14	Memorandum in opposition to re 5 MOTION for Preliminary Injunction filed by DEPARTMENT OF DEFENSE, STEPHEN EHIKIAN, GENERAL SERVICES ADMINISTRATION, PETER B. HEGSETH. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Kurland, Benjamin) (Entered: 04/25/2025) 1 Declaration View on PACER 2 Exhibit View on PACER 3 Text of Proposed Order View on RECAP	April 25, 2025	April 25, 2025 RECAP
15	NOTICE of Appearance by Erich H. Lange on behalf of BALTIMORE-D.C. METRO BUILDING AND CONTRUCTION TRADES COUNCIL, NORTH AMERICA'S BUILDING TRADES UNIONS (Lange, Erich) (Entered: 04/30/2025)	April 30, 2025	April 30, 2025 PACER
16	REPLY to opposition to motion re 5 Motion for Preliminary Injunction,, filed by BALTIMORE-D.C. METRO BUILDING AND CONTRUCTION TRADES COUNCIL, NORTH AMERICA'S BUILDING TRADES UNIONS. (Newman, Jonathan) (Entered: 05/02/2025)	May 2, 2025	May 2, 2025 PACER
17	NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF DEFENSE, STEPHEN EHIKIAN, GENERAL SERVICES ADMINISTRATION, PETER B. HEGSETH (Attachments: # 1 Exhibit)(Kurland, Benjamin) (Entered: 05/08/2025) 1 Exhibit View on PACER	May 8, 2025	May 8, 2025 RECAP
18	ORDER granting 5 Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on 05/16/2025. (lcrc2) (Entered: 05/16/2025)	May 16, 2025	May 16, 2025 RECAP
19	MEMORANDUM OPINION granting 5 Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on 05/16/2025. (lcrc2) (Entered: 05/16/2025)	May 16, 2025	May 16, 2025 Clearinghouse
20	Consent MOTION for Extension of Time to File Answer by DEPARTMENT OF DEFENSE, STEPHEN EHIKIAN, GENERAL SERVICES ADMINISTRATION, PETER B. HEGSETH. (Attachments: # 1 Text of Proposed Order)(Kurland, Benjamin) (Entered: 06/05/2025) 1 Text of Proposed Order View on PACER	June 5, 2025	June 5, 2025 PACER
	Order on Motion for Extension of Time to Answer	June 5, 2025	June 5, 2025 PACER
	MINUTE ORDER granting 20 Motion for Extension of Time: It is hereby ORDERED that Defendants shall respond to Plaintiffs' Complaint on or before June 23, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 06/05/2025. (lcrc2)	June 5, 2025	June 5, 2025 PACER
21	MOTION to Dismiss for Lack of Jurisdiction by DEPARTMENT OF DEFENSE, STEPHEN EHIKIAN, GENERAL SERVICES ADMINISTRATION, PETER B. HEGSETH. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Kurland, Benjamin) (Entered: 06/23/2025) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER	June 23, 2025	June 23, 2025 PACER
22	NOTICE of Voluntary Dismissal by BALTIMORE-D.C. METRO BUILDING AND CONTRUCTION TRADES COUNCIL, NORTH AMERICA'S BUILDING TRADES UNIONS (Newman, Jonathan) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025 RECAP

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Case Details

State / Territory: District of Columbia

Case Type(s):

Public Accommodations/Contracting

Public Benefits/Government Services

Labor Rights

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Grant/Contract rescissions, Defunding or Other Threats against Private Entities )

Key Dates

Filing Date: April 9, 2025

Closing Date: July 7, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are two labor organizations. North America's Building Trades Unions (NABTU) is composed of national and international unions and many state and local building trades councils that represent more than three million workers. Baltimore-DC Metro Building and Construction Trades Council is a local trades council chartered by NABTU that operates in Maryland, Washington, DC, and Northern Virginia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Defense (- United States (national) -), Federal

General Services Administration (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details