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Morrison highlights several arguments against NTEU gaining control over these DOJ departments. A brief points out that previously in an Antitrust Division case, CRT lawyers did not form a distinct community separate from other DOJ trial attorneys. "[I]n that case, the Authority determined this very unit to not be an appropriate unit…The Regional Director’s failure to comply with current, binding Authority precedent is in error and must be reversed," notes the brief.

According to Morrison's applications, DOJ initially shared concerns about NTEU's unionization until three days post-federal elections when they suddenly aligned with NTEU’s stance. The applications argue that FLRA failed in its duty to independently verify unit appropriateness before any unionization effort proceeded: “An agency agreeing with a union that a unit is appropriate does not mean that unit is actually appropriate."

Mark Mix, President of National Right to Work Foundation commented on the situation stating: “In the midst of a change in administration, NTEU union bosses and Biden DOJ officials appear to have colluded to flout longstanding precedent... The FLRA has ignored both standard procedures and established precedent...”

Mix further added: "No worker should be subjected to unionization they oppose... it is especially egregious that an outgoing Administration would violate the law in an attempt to entrench union bosses at the Justice Department..."