Unions take major action to stop mass firings during government shutdown
San Francisco, California - Labor unions are suing the Trump administration in a bid to protect federal workers from mass firings during a government shutdown.
The American Federation of Government Employees and the American Federation of State, County and Municipal Employees filed the complaint Tuesday in the US District Court for the Northern District of California.
The lawsuit names US Office of Management and Budget Director Russell Vought and US Office of Personnel Management Director Scott Kupor.
The first government shutdown in nearly seven years began at midnight after Democrats and Republicans failed to pass a funding measure.
In a shutdown, federal employees deemed "excepted" are to continue working without pay until appropriations resume, while "non-excepted" employees are furloughed and later receive back pay.
"Despite this well-established practice, the Trump administration has made unlawful threats to dismantle essential federal services and functions provided by federal personnel, deviating from historic practice and violating applicable laws, if a shutdown occurs," the complaint reads.
Trump administration accused of anti-worker actions
The suit cites an OMB memorandum threatening mass firings of federal employees if "congressional Democrats" did not agree to the administration's demands, as well as Press Secretary Karoline Leavitt's statement that "there will be [mass layoffs] if Democrats don't keep the government open."
On top of that, the OMB and the OPM told agencies that federal employees could work during the shutdown in order to carry out reductions in force – even though implementing such layoffs is not an "excepted" function.
"These actions are contrary to law and arbitrary and capricious, and the cynical use of federal employees as a pawn in congressional deliberations should be declared unlawful and enjoined by this court," the lawsuit argues.
President Donald Trump has indicated the shutdown could provide cover for mass layoffs. "We can do things during the shutdown that are irreversible, that are bad for them and irreversible by them, like cutting vast numbers of people out, cutting things that they like, cutting programs that they like," he said on Tuesday.
AFGE National President Everett Kelley said in a statement, "Announcing plans to fire potentially tens of thousands of federal employees simply because Congress and the administration are at odds on funding the government past the end of the fiscal year is not only illegal – it's immoral and unconscionable."
"Federal employees dedicate their careers to public service – more than a third are military veterans – and the contempt being shown them by this administration is appalling."
Cover photo: REUTERS