Case: American Federation of Government Employees, AFL-CIO v. Federation Mediation and Conciliation Service
1:26-cv-01676 | U.S. District Court for the District of District of Columbia
Filed Date: May 15, 2026
Case Ongoing
Clearinghouse coding complete
Case Summary
This case challenges a federal agency's policy governing the arbitration of disputes under federal collective bargaining agreements.
On May 15, 2026, four federal employee unions—the American Federation of Government Employees, AFL-CIO (AFGE), the National Treasury Employees Union (NTEU), the National Federation of Federal Employees, IAM, AFL-CIO (NFFE), and the International Federation of Professional & Technical Engineers, AFL-CIO (IFPTE)—filed suit in the U.S. District Court for the District of Columbia against the Federal Mediation and Conciliation Service (FMCS). The unions, which collectively represent hundreds of thousands of federal civilian employees, challenged an April 22, 2026 memorandum issued by FMCS' General Counsel that changed the agency's policy for issuing arbitration panels in disputes involving agencies covered by Executive Orders 14251 and 14343, which excluded certain federal agencies from the Federal Service Labor-Management Relations Statute (FSLMRS). Under FMCS' longstanding regulations, requests for arbitration panels could be made unilaterally by either party to a collective bargaining agreement (CBA). The April memorandum, however, required affirmative consent from both parties—including the federal agency—before FMCS would issue an arbitration panel in disputes involving agencies purportedly excluded from the FSLMRS by the executive orders. The unions alleged that this policy effectively prevented them from obtaining arbitration panels required under many of their CBAs, thereby blocking them from pursuing contractual grievance and arbitration procedures to enforce employee rights. They asserted a single claim under the Administrative Procedure Act (APA), arguing that the memorandum was arbitrary and capricious because it conflicted with FMCS' own regulations requiring that unilateral panel requests be honored, improperly allowed FMCS to take a position on arbitrability contrary to its regulations, failed to provide a reasoned explanation for reversing longstanding agency practice, and relied on internally inconsistent justifications. The plaintiffs sought declaratory relief, vacatur of the April memorandum, an order requiring FMCS to comply with its regulations by honoring unilateral arbitration panel requests, and attorney's fees and costs. The case was assigned to Judge Randolph D. Moss.
As of July 2026, no substantive rulings have been issued.
Summary Authors
Benjamin Glicksman (7/28/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73349136/parties/american-federation-of-government-employees-afl-cio-v-federal-mediation/
Moss, Randolph Daniel (District of Columbia)
Dayan, Leon (District of Columbia)
Rowell, James Alexander (District of Columbia)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/73349136/american-federation-of-government-employees-afl-cio-v-federal-mediation/
Last updated Sept. 27, 2026, 3:13 a.m.
Docket for: AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO v. FEDERAL MEDIATION AND CONCILIATION SERVICE
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: May 15, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Four national labor unions representing hundreds of thousands of federal civilian employees.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
Federal Mediation and Conciliation Service
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Other Dockets:
District of District of Columbia 1:26-cv-01676
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Presidential/Gubernatorial Authority:
Case Summary of American Federation of Government Employees, AFL-CIO v. Federation Mediation and Conciliation Service, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48280/ (last updated 7/28/2026).