Unions Sue to Halt Mass Firings of Federal Probationary Employees

Mass Firings of Federal Probationary Employees Challenged in Federal Court

The recent decision by the Office of Personnel Management (OPM) to terminate federal employees in their probationary period has sparked significant legal action. AFSCME, alongside the United Nurses Associations of California/Union of Health Care Professionals (UNAC/UHCP) and the American Federation of Government Employees (AFGE), has initiated a lawsuit to halt these mass dismissals and reinstate the affected workers.

According to the directive issued by OPM, federal agencies are to commence the dismissal of employees still within the probationary phase of their employment, typically lasting one to two years. This move could impact up to 200,000 federal workers, as reported in the official announcement last week.

The lawsuit, submitted on Wednesday in San Francisco's federal court, accuses the administration of conducting illegal terminations. This action is described as “one of the most massive employment frauds in the history of this country,” according to a press release issued by the unions.

Among the plaintiffs are AFSCME, AFGE, AFGE Local 1216, and UNAC/UHCP.

AFSCME President Lee Saunders has raised concerns, stating that termination letters were issued with vague references to “performance issues” without specific explanations. Saunders remarked, “These mass firings are yet another unlawful attempt by this billionaire-run administration to gut public services without regard for the health and safety of our communities.” He emphasized the crucial role federal workers play in bolstering essential services such as education, healthcare, and infrastructure.

UNAC/UHCP represents nurses who were dismissed from the Jerry L. Pettis Memorial Veterans’ Hospital in Loma Linda, California, a facility that offers critical health services to U.S. veterans. The timing of these terminations is particularly concerning given the current staffing shortages in healthcare facilities nationwide.

Charmaine Morales, a registered nurse and president of UNAC/UHCP, warned of the potential dangers of these dismissals, stating, “Indiscriminately firing these nurses, who are essential to the care their units provide, could truly cost lives.”

The lawsuit asserts that the firings were based on false grounds and contravene federal laws, including the Administrative Procedure Act. It argues that OPM exceeded its authority by directing agencies to issue standardized termination notices falsely citing performance issues.

According to the lawsuit, Congress has the power to oversee federal employment and spending, with each agency being responsible for managing its own personnel. This underscores the claim that OPM's actions were unlawful.

“We will keep fighting these attacks on their freedoms that threaten everything from food safety to national security to health care,” Saunders affirmed.

Through its Get Organized campaign, AFSCME aims to counter efforts by anti-union forces and their affluent allies to dismantle public services and erode workplace protections. The campaign calls for workers to unify and resist these changes.

It’s time for workers to Get Organized. It’s time to GO.