Federal government labor unions sued the Office of Management and Budget and Office of Personnel Management on Tuesday over threats to carry out mass layoffs during a government shutdown.
The lawsuit comes after OMB told agencies in a memo that a government shutdown could justify use of Reduction in Force notices to downsize the federal workforce. OPM also issued guidance that employees can "perform work necessary to administer the RIF process during the lapse in appropriations as excepted activities."
The unions argue such moves are unlawful.
“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,” reads the lawsuit, which was filed in the U.S. District Court for the Northern District of California by the American Federation of Government Employees and the American Federation of State, County and Municipal Employees.
The unions are asking a judge to declare the layoff threats illegal and to invalidate any actions the administration takes to conduct layoffs during the shutdown.
The lawsuit argues the administration violated the Antideficiency Act — which prohibits the government from spending federal funds exceeding the amount available in an appropriation — in its instructions for employees to carry out the firings. That law also requires most federal employees to stop working during the appropriation lapse.
“Nothing in the Antideficiency Act or any other statute authorizes RIFs of employees who work in agencies or programs with a lapse in funding,” the lawsuit states. “Instead, the Act expressly provides that all employees who are not paid during a shutdown — whether furloughed or excepted — must receive back pay for that time period once funding is reinstated.” (Politico)
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President Trump argued the administration has the right to take actions during a shutdown "that are irreversible" such as "cutting vast numbers of people out, cutting things they that they like, cutting programs that they like..."
President Trump on a possible government shutdown: “We don’t want [the government to shut down]… 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 [Democrats] like,… pic.twitter.com/BZ4fzFid1E
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Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.
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