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DOJ attorney challenges unionization efforts amid alleged collusion

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DOJ attorney challenges unionization efforts amid alleged collusion
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

In a recent development, veteran Department of Justice attorney Jeffrey Morrison is challenging the National Treasury Employees Union's (NTEU) attempt to gain bargaining control over attorneys at the DOJ Civil Rights Division and the Environment and Natural Resources Division. The move, according to Morrison, was expedited following Donald Trump's election victory in an effort to empower NTEU officials before inauguration day.

Morrison, with legal assistance from the National Right to Work Foundation, argues that this campaign by NTEU violates an existing Federal Labor Relations Authority (FLRA) decision. This decision previously determined that attorneys in the Civil Rights Division did not form a suitable work unit for unionization.

Despite initial opposition from DOJ management regarding the appropriateness of unionizing these divisions, the department withdrew its objections shortly after November elections. Morrison has filed Applications for Review with the FLRA, requesting a formal examination of actions taken by both Biden's DOJ and NTEU officials. He emphasizes that previous FLRA rulings found no distinct community of interest among CRT lawyers compared to other DOJ trial attorneys.

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The Applications for Review further criticize the FLRA for not conducting an independent investigation into whether these divisions are appropriate units under law. "An agency agreeing with a union does not mean that unit is actually appropriate," state Morrison’s filings.

Mark Mix, President of the National Right to Work Foundation, commented on the situation: "Right before power changed hands in Washington, DC, NTEU union bosses and DOJ bureaucrats appear to have colluded to flout longstanding precedent that says Justice Department attorneys cannot legally be unionized division by division."

The foundation's attorneys continue to support Morrison as he opposes what they view as a hasty attempt at unionization without proper adherence to established precedents.

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