AFGE Council 238 Seeks to Reinstate Scientific Integrity, Workplace Protections for Approximately 8,000 EPA Workers
Latest Legal Action Builds on Council 238’s Fight to Defend EPA Workers, Public Health, Agency’s Mission
BOSTON — American Federation of Government Employees Council 238 sued the Environmental Protection Agency and EPA Administrator Lee Zeldin on Tuesday to restore a binding union contract that EPA unlawfully terminated last year, stripping about 8,000 federal workers of protections that help them do their jobs, follow sound science, and speak up without fear of political interference or retaliation.
The collective bargaining agreement (CBA), enacted in June 2024 and scheduled to run through June 2028, gave EPA workers critical rights and protections, including union representation and a process to challenge unfair discipline and other workplace actions. It also included a first-of-its-kind scientific integrity provision protecting employees who report suspected scientific misconduct or raise concerns about retaliation under EPA’s Scientific Integrity Policy.
EPA abruptly terminated the agreement on Aug. 8, 2025, breaking the law and stripping thousands of workers of protections they relied on. The agency offered no adequate explanation for wiping out the contract and failed to account for the impact on its workforce. Crucially, the EPA’s termination of the agreement was an attempt to silence workers and remove protections for employees who spoke out about political interference with the agency’s scientific work. Council 238 is asking the court to restore the contract and the protections its members fought for.
“This is exactly why our union exists. When EPA strips thousands of workers of their rights and protections, we will fight back,” said Justin Chen, AFGE Council 238 President. “Our members should not have to choose between speaking up, following sound science, and protecting their careers. And the public should not have to wonder whether the EPA experts responsible for protecting their air and water are afraid to raise the alarm. We will keep fighting to restore our contract and defend our members’ right to protect the American people.”
The lawsuit comes after the EPA punished workers who spoke out about threats to the agency’s scientific mission. In June 2025, more than 100 Council 238-represented employees signed the Declaration of Dissent, raising concerns about political interference, the erosion of science-based decision-making and threats to public health. EPA ultimately disciplined 139 employees who signed the letter, firing 20 and suspending 119 without pay, according to the complaint. Of those disciplined, 110 were covered by the CBA.
Council 238 has repeatedly fought back on behalf of those workers. In July 2026, the union announced First Amendment lawsuits on behalf of seven fired members, building on earlier legal challenges to EPA’s treatment of workers who spoke out. Six former EPA employees also challenged their firings before the U.S. Merit Systems Protection Board.
“EPA’s decision to revoke the union contract covering about 8,000 career civil servants at the agency is a disservice to employees and everyone who benefits from their work. Union contracts hold both employees and management accountable and foster communication and cooperation between management and rank-and-file employees to address and resolve workplace issues and improve the delivery of services,” AFGE National President Everett Kelley said.
“The biologists, scientists, lab technicians, engineers, and other civil servants who work at the EPA must be able to do their job without political interference or fear of retribution for speaking out. I applaud EPA Council 238 for challenging the illegal termination of its contract and am confident that justice will prevail in the end.”
EPA workers have received significant support from elected officials. In August 2025, more than 100 members of the House of Representatives called on Zeldin to immediately reinstate employees who had been sidelined after signing the Declaration of Dissent. The lawmakers warned that keeping inspectors, enforcement officers, attorneys, emergency response personnel and other EPA employees off the job was hurting the agency’s ability to protect public health and the environment.
In July 2026, 21 senators similarly called on Zeldin to reverse the firings and disciplinary actions against Declaration of Dissent signers, citing evidence that EPA moved forward despite internal legal advice concluding that the employees were exercising protected First Amendment rights.
This latest lawsuit takes aim at EPA’s decision to eliminate protections that workers relied on to stand up for themselves and the integrity of their work. Without the CBA, employees have lost the right to union representation in disciplinary proceedings and a process for challenging agency actions before an independent arbitrator. They also lost protections specifically designed to allow EPA employees to raise concerns about scientific misconduct and political interference without fear of retaliation.
Protecting those rights is about more than protecting EPA employees. Council 238 members perform work that keeps drinking water safe, monitors pollution, enforces environmental laws and responds when communities face environmental and public health threats. When experts fear retaliation for following the science or sounding the alarm, EPA’s ability to fulfill its mission and protect the American public is undermined.
Click here to view the complaint.