Key Takeaways
- A federal judge has warned against layoffs of unionized federal employees during the current shutdown.
- The temporary restraining order (TRO) has been expanded to include additional unions and to specifically protect workers at the Interior Department.
- The government has indicated its intention to comply with the TRO, as no RIF notices have been issued that violate the order.
Federal Judge Issues Warning on Employee Layoffs
A federal judge issued a stern warning to the government, cautioning against layoffs involving federal employees who are members of union bargaining units during the ongoing government shutdown. Senior U.S. District Judge Susan Illston, presiding in San Francisco, explicitly told Justice Department attorney Elizabeth Hedges, “Don’t do it.” Judge Illston emphasized the straightforward nature of her directive, stating that agencies should refrain from any reductions in force (RIFs) affecting these employees.
On Wednesday, Illston had already issued a temporary restraining order (TRO) preventing federal agencies from conducting layoffs of employees covered by collective bargaining agreements with the American Federation of Government Employees and the American Federation of State, County and Municipal Employees. At a status conference on Friday, she expanded this order to include members of the National Federation of Federal Employees, the National Association of Government Employees, and the Service Employees International Union.
The judge also took additional steps to specifically prohibit the Interior Department from initiating RIFs. This decision came after the Interior Department declared its plan to lay off approximately 1,500 employees. Lawyer Danielle Leonard, representing the employee unions, warned the court that these layoffs could commence as soon as Monday.
During the conference, Hedges assured the court that government agencies would comply with the TRO. Judge Illston expressed her satisfaction with this commitment, stating, “I’m glad they’re trying to do the right thing. We will try to clarify the right thing in the event there’s any confusion about it.”
In a declaration sent to the court, Mary Pletcher Rice, acting principal deputy assistant secretary for administration at the Agriculture Department, confirmed that the USDA had not issued any RIF notices that would conflict with the TRO. She noted that as long as the restraining order remains in effect, the USDA will not pursue any layoffs prohibited by the judge’s order unless a higher court intervenes with a differing decision.
This legal development underscores the ongoing struggle for unionized federal employees amidst the uncertainties of government operations during the shutdown, with the courts stepping in to protect their job security.
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