WASHINGTON, D.C. (Federal News Network) — Employee unions are challenging the Trump administration’s moves to fire vast swaths of the federal workforce, saying they violate regulations for carrying out mass “RIFs” across government.
In a new lawsuit filed in federal court Wednesday, five employee unions allege the administration’s moves to initiate reductions-in-force and lay off probationary employees are illegal.
The lawsuit specifically challenges President Donald Trump’s “workforce optimization initiative” executive order signed Tuesday. The EO directed agency heads to prepare for “large-scale reductions in force.” It gives agencies 30 days to submit reorganization plans to the White House. The EO also further institutionalizes the role of the “Department of Government Efficiency” in overseeing agency hiring decisions.
The plaintiffs in the new lawsuit include the National Treasury Employees Union, the National Federation of Federal Employees, the International Association of Machinists and Aerospace Workers, the International Federation of Professional and Technical Engineers, and the United Automobile, Aerospace and Agricultural Implement Workers of America.
Their suit argues that the Trump administration’s “mass firing of employees and the attempt to force resignations across the federal civilian workforce violate separation of powers principles.”
It additionally alleges that agencies are violating the Administrative Procedures Act by instituting RIFs “contrary to regulations.” The suit points to regulations also cited by the Office of Personnel Management in its guidance on RIFs. Those regulations set out specific terms governing how and when agencies should engage in RIFs.
The union suit argues, for instance, that the language in Trump’s EO directing agencies to prioritize employees who would be deemed “nonessential” during a government shutdown violates established RIF regulations.
The Justice Department has yet to respond to the lawsuit.
This latest suit from federal employee unions comes shortly after a judge in a separate case allowed the Trump administration’s “deferred resignation program” to move forward. The judge in that case ruled the three federal unions that had challenged the program lacked the standing they’d need to meet the legal standard for a temporary restraining order.
It also comes as OPM on Thursday advised agencies to fire their probationary employees with less than a year on the job.
While the Trump administration is moving quickly to reduce the federal workforce, Michael Fallings, a partner at Tully Rinckey, said they’ll have to follow established regulations for RIFs. The regulations also require agencies to give employees at least 30 days notice before they’re laid off.
