AFSCME, AFGE sue over Trump administration's mass firing threats

Unions Challenge Mass Layoff Plans Amid Potential Shutdown

The looming threat of a government shutdown has taken a heated turn as two major unions, the American Federation of State, County and Municipal Employees (AFSCME) and the American Federation of Government Employees (AFGE), have filed a lawsuit against the Trump administration. At the heart of the legal battle is the administration's plan to lay off federal employees in large numbers if a shutdown occurs.

This legal action was initiated in the U.S. District Court for the Northern District of California. The unions argue that the Office of Management and Budget (OMB), led by Director Russ Vought, acted beyond its legal authority by threatening to execute mass firings of federal workers during a shutdown. The lawsuit also names the Office of Personnel Management and its Director, Scott Kupor, as defendants for instructing federal employees to work during shutdowns to facilitate these layoffs.

Represented by Altshuler Berzon LLP, Democracy Forward, and the Democracy Defenders Fund, AFSCME and AFGE aim to halt what they allege is an unlawful use of power to exert political pressure on Congress. According to the complaint, the OMB's directive deviates from the established protocol during previous shutdowns where employees either worked without pay or were furloughed but assured back pay once funding resumed.

The lawsuit asserts that this new directive could infringe on employees' rights to back pay, violate statutory responsibilities, and impact workers essential for public safety. "The Trump administration is once again breaking the law to push its extreme Project 2025 agenda," stated AFSCME President Lee Saunders. AFGE National President Everett Kelley echoed these concerns, criticizing the administration's actions as both illegal and unethical.

The unions are urging the court to recognize the administration's directive as an overstep of authority and nullify any subsequent actions taken by agencies. "Federal workers do the work of the people and playing games with their livelihoods is cruel and unlawful," said Skye Perryman, President and CEO of Democracy Forward.

Furthermore, Norm Eisen, executive chair of the Democracy Defenders Fund, emphasized that the planned layoffs during a shutdown are both legally and morally wrong. Stacey Leyton from Altshuler Berzon LLP highlighted that the administration's plan stands in direct violation of laws governing federal shutdowns, particularly the Anti-deficiency Act.

The unions have called for the court to halt any actions aligning with the OMB's orders and reaffirm the rights of federal employees under shutdown conditions.

For more information on AFGE, visit the AFGE Media Center.

For details on Democracy Forward Foundation's efforts, visit www.democracyforward.org.