A federal judge has taken significant action to enhance protections for federal employees during the ongoing government shutdown. The ruling expands a temporary restraining order (TRO) against reductions in force (RIFs), ensuring that more workers are protected from potential job losses.
Court Ruling Details
On Friday, Judge Susan Illston in San Francisco amended the existing TRO, which now includes employees represented by various unions. This includes:
- National Federation of Federal Employees
- Service Employees International Union
- National Association of Government Employees
Initially, only members of the American Federation of Government Employees and the American Federation of State, County, and Municipal Employees were fully covered under the order.
Clarification of Union Membership
Judge Illston clarified the definition of “member” in response to concerns raised during the proceedings. The plaintiff unions argued that the government was misinterpreting the scope of the TRO by excluding certain employees. Illston emphasized that union representation exists regardless of formal recognition of bargaining units.
Government Agencies’ Compliance
Despite this ruling, the Department of Health and Human Services (HHS) indicated in its filings that it would not consider certain employees under the TRO due to previously terminated bargaining agreements. However, Judge Illston countered this interpretation, reaffirming that all eligible employees must be protected from RIFs.
Ongoing Dispute Over RIFs
At the Department of the Interior, officials expressed plans to eliminate positions in numerous competitive areas. They argued that these layoffs were not subject to the restraining order since they had been considered before the shutdown. Illston disagreed with this logic, asserting that such actions must cease for the protected employees.
Next Steps for Federal Agencies
Moving forward, Judge Illston requested federal agencies to report by noon Eastern Time on Monday. This report must outline how many employees were intended for removal during the shutdown and how many are now protected under the revised TRO.
Challenges During the Shutdown
Elizabeth Hedges from the Justice Department noted that compiling the required information would be challenging due to operational constraints caused by the shutdown. However, the government is committed to adhering to the court’s directives.
Judge Illston reiterated that the responsibility to comply with the TRO modifications rests with the government. She highlighted the importance of protecting employees amidst the uncertainties of the ongoing shutdown.
