Unions, Organizations File TRO Against OPM Over Illegal Firings

The Facts -

Lawsuit Seeks to Halt Federal Employee Terminations Amid Legal Concerns

WASHINGTON, D.C. – Amidst escalating tensions regarding federal employee dismissals, prominent unions and multiple organizations have taken legal action against the Office of Personnel Management (OPM). They filed for a temporary restraining order (TRO), aiming to prevent what they describe as illegal terminations of probationary federal employees. This legal maneuver seeks to halt OPM, led by Acting Director Charles Ezell, from executing what some plaintiffs have labeled a massive case of employment fraud.

The lawsuit, recently amended, contests the legitimacy of OPM's firings, arguing they contravene the Administrative Procedure Act and other pertinent federal laws. According to the complaint, OPM mandated the use of standardized termination notices under false performance-related pretenses, overstepping Congressional authority, which dictates that individual agencies manage their own workforce.

The controversial terminations reportedly exploit the probationary period, a status applicable to new federal hires and employees changing roles, to conduct widespread staff reductions. Additionally, the lawsuit challenges OPM's requirement for employees to report "five accomplishments" weekly, criticizing this as a breach of the Administrative Procedure Act. AFGE National President Everett Kelley described the move as "inappropriate" and "disruptive to essential government functions."

Voices from various sectors, including small businesses, conservation, and veterans' affairs, have echoed concerns over the impact of these mass terminations. Richard Trent from the Main Street Alliance emphasized the detrimental effects on small businesses dependent on federal agencies for support. Meanwhile, Phil Francis of the Coalition to Protect America's National Parks highlighted potential repercussions on national park operations, stressing the threat to visitor safety and environmental conservation.

There is further discontent from veterans’ advocacy groups, who argue that the terminations disproportionately affect veterans who make up a significant portion of the federal workforce. "These mass layoffs have disrupted livelihoods," remarked Major General (Ret.) Paul Eaton of VoteVets, pointing to adverse impacts on veteran services.

Others, like Erik Molvar of the Western Watersheds Project, express fears of diminished oversight of public lands, suggesting that job cuts could embolden land exploiters. Jose Vasquez from Common Defense warned of broader societal impacts, indicating potential cuts to essential services like healthcare and public safety.

Union leaders, including AFGE’s Kelley and AFSCME’s Lee Saunders, have criticized the administration for politically motivated dismissals that undermine public service integrity. "Overnight, tens of thousands of federal employees received the same termination letter citing ‘performance issues’ without any explanation or reasoning," Saunders said, vowing to fight against what he characterized as attacks on public service freedoms.

For more information, the TRO motion can be accessed here, and related documentation can be reviewed via the provided links.

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