Unions Sue Trump Administration Over FMCS Dismantling

NEW YORK – The AFL-CIO and unions representing workers across private and public sector industries sued the Trump administration today over its dismantling of the Federal Mediation and Conciliation Service (FMCS), including firing mediators and staff, and closing field offices across the country.

FMCS is a small but important independent federal agency that is integral to the government’s labor relations infrastructure. Among the critical services FMCS provides, it helps resolve contract negotiations between workers and employers to protect both the economy and workers’ rights, generating over $500 million in national economic savings each year, even by conservative estimates. But DOGE cuts have decimated the agency: 93% of FMCS staff have been placed on leave, the mediation workforce has been taken down from the 80-100 needed for the agency’s work to just five, and all of the field offices have been closed.

The suit argues that the administration’s actions are illegal under the Administrative Procedure Act and the U.S. Constitution because they amount to an effective dismantling of FMCS that has prevented it from performing its statutory responsibilities required by Congress.

“FMCS is a little-known but critical government agency that works to bring labor and management together to solve problems between workers and employers—and it’s illegally under attack by Elon Musk and his DOGE,” said AFL-CIO President Liz Shuler. “Without FMCS, there will be longer and drawn-out contract negotiations, as well as delays in implementing increased wages and improved benefits won through collective bargaining. The unnecessary cuts to FMCS make absolutely no economic sense and will cost taxpayers, consumers, businesses and workers. Congress created FMCS nearly 80 years ago, and only an act of Congress can shutter it. I’m proud to stand shoulder to shoulder with our affiliated unions today in filing this lawsuit to challenge this illegal, cruel and wrong-headed action by DOGE.”

“This case is about more than a single agency — it’s about upholding workers’ fundamental bargaining rights and protecting a foundation stone of labor relations in America,” said AFT President Randi Weingarten. “FMCS was created by Congress as a neutral arbiter to promote labor peace and fair negotiations, a role it has proudly carried out for nearly 80 years. The president says he cares about working people, but that’s hard to believe when he attempts to abolish an agency that helps them negotiate fair contracts with their employers. FMCS was crucial to securing an agreement during the Oregon Nurses’ Association’s strike in February, and FMCS mediators were in the room for first contracts at charter schools across New Orleans, New York, Cleveland, and Pittsburgh—discussions that suddenly stalled in the face of the administration’s attacks. The AFT and our co-plaintiffs are suing to block the destruction of FMCS so it can continue to fulfil its Congressional mandate and ensure the administration follows, rather than ignores, federal law.”

The legal challenge was brought by AFL-CIO, American Federation of Government Employees (AFGE), American Federation of State, County, and Municipal Employees (AFSCME), American Federation of Teachers (AFT), International Associations of Machinists and Aerospace Workers (IAM), Service Employees International Union (SEIU), and United Food and Commercial Workers International Union (UFCW), unions, as well as many locals and affiliates, which have worked with FMCS mediators in labor disputes with their members’ employers. Many are actively engaged in collective-bargaining negotiations with FMCS when the mediator was forced to abruptly leave or cancel the negotiations because they had been placed on leave. With only five mediators remaining at FMCS, these unions and their workers will be left in the lurch, working under expired contracts or no contracts, and strikes or lockouts are much more likely.

The lawsuit was filed in the U.S. District Court for the Southern District of New York. The complaint can be found online here.



The dismantling of FMCS by the Trump administration is a significant blow to the broader labor relations infrastructure in the United States. The agency's role in mediating contract negotiations and resolving labor disputes has been crucial in maintaining labor peace and ensuring fair negotiations between workers and employers. The potential long-term economic consequences of this action are severe, as the agency's work generates over $500 million in national economic savings each year. The lawsuit filed by the AFL-CIO and other unions challenges the administration's authority to dismantle FMCS, arguing that the actions are illegal under the Administrative Procedure Act and the U.S. Constitution. The outcome of this legal challenge will have far-reaching implications for labor relations and the economy as a whole.