MAJOR ARBITRATION VICTORY
Arbitrator Rules Trump’s Executive Orders Violate ‘Hierarchy of Law’ — Collective Bargaining Rights Protected
Dec 30
Decision Date
WIN
Ruling Outcome
CBA
Rights Protected
LAW
Hierarchy Upheld
NAIL
WE REPRESENT YOU
In a landmark December 30th ruling, independent arbitrator Marvin Hill declined to cede jurisdiction over a grievance between NAIL and Scott Air Force Base in southern Illinois.
The arbitrator described the Defense Department’s effort to cease participating in union proceedings as “unlawful” and reaffirmed a fundamental principle of American law:
“Every individual who attended law school and took a bar exam understands that a hierarchy of law exists where executive orders, whether issued by governors or presidents, rank below statutes and constitutions.”
This ruling confirms that bargaining rights and obligations contained in collective bargaining agreements cannot be eliminated through executive order.
Key Ruling Points
- Executive orders rank below statutes and constitutions
- Arbitrator retains exclusive jurisdiction
- CBA rights cannot be unilaterally canceled
- Agency cannot declare CBA a nullity
- Defense Department's actions ruled unlawful
“This ruling validates what NAIL has maintained from the beginning. Our negotiated rights are not optional, and the law cannot be overridden. This decision is a major step forward in our ongoing efforts to protect the rights of the workers we represent. We understand the frustrations of the administration and some members of Congress with federal bureaucracy. We want to help to increase efficiency and fiscal responsibility, but the law is the law.”
Pete Cantwell
NAIL President
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National Association of Independent Labor
P. O. Box 120544 Newport News, VA 23612
Phone: (636) 578-1745