Randi Weingarten President | American Federation of Teachers
Labor unions have expanded their legal challenge against the Trump administration over the firing of federal employees during the government shutdown. On Tuesday, several unions asked a federal court to broaden its temporary order preventing further terminations and to extend protections to more workers as litigation continues.
The American Federation of Government Employees (AFGE) and the American Federation of State, County and Municipal Employees (AFSCME) initially filed suit on September 30. They allege that the administration violated federal law by threatening to fire furloughed employees and requiring others to work without pay in order to facilitate mass terminations. The unions are represented by Altshuler Berzon LLP, Democracy Forward, and Democracy Defenders Fund.
On October 15, Judge Susan Illston of the U.S. District Court for the Northern District of California issued a temporary restraining order stopping enforcement of reduction-in-force notices already issued or any new notices at agencies where these unions represent employees. She later clarified that this protection applies to all agency offices with union members or bargaining units, even if contracts had been terminated.
The lawsuit was amended on October 17 to include additional unions: National Federation of Federal Employees (NFFE), National Association of Government Employees (NAGE), and Service Employees International Union (SEIU). The latest filing seeks to further expand coverage to workers represented by the National Treasury Employees Union (NTEU), American Federation of Teachers (AFT), and International Federation of Professional and Technical Engineers (IFPTE).
AFGE National President Everett Kelley stated, “The administration’s move to fire thousands of patriotic civil servants while the government is shut down is patently illegal, and I’m glad we are able to expand our lawsuit to protect even more federal workers from facing termination. President Trump has made no secret that this is about punishing his political enemies and has nothing to do with the actual work that these employees perform. Data provided by the administration under court order illustrates how vast and unlawful these intended firings are and validates our union’s determination to challenge this illegal action. We will not stop fighting on behalf of our members and every federal employee who serves this country.”
AFSCME President Lee Saunders said, “The administration’s planned mass firings clearly broke the law, which is why we won our motion to stop them temporarily last week. Now, our lawsuit to stop these illegal firings is expanding so more workers will be protected from the administration’s blatant abuse of power and the order lasts longer. We will continue to use every legal avenue to protect essential workers and the communities they serve from these cruel, politically motivated mass firings driven by anti-worker extremists.”
SEIU Executive Vice President Heather Conroy commented, “Firing federal workers during a government shutdown is as cruel as it is unlawful. This administration has made clear whose side it’s on, siding with billionaires over working people time and time again. Federal workers serve our communities in good times and bad, without a political agenda. We are proud to unite with other federal worker unions to fight for workers to be reinstated, compensated, and respected. Together we will hold this administration accountable for putting ideology ahead of workers and the communities they serve.”
AFT President Randi Weingarten added, “Federal workers and the people they serve are always the ones hurt when the government shuts down. President Trump and his allies, who control all three branches, have decided to prolong the healthcare emergency they created in July and then – rubbing salt into the wound – illegally fire tens of thousands of federal employees in a callous act of political retribution. It shows their complete and utter contempt for the workers who’ve dedicated their careers to helping others and serving their fellow Americans. That’s why we are joining our colleagues across the labor movement to extend this injunction and hold the administration accountable for its blatantly unconstitutional actions.”
NFFE National President Randy Erwin said, “Not only were the Trump administration’s illegal firings reckless and cruel, but they also came at a time when the government is shutdown, causing dedicated civil servants even more trauma on top of all they are experiencing with furloughs and frozen pay. This is another inexplicable example of President Trump targeting regular working Americans with retribution for perceived offenses against him. Thankfully, in this case, the courts are holding President Trump accountable for his illegal actions, as they should any president overstepping his Constitutional authorities.”
David J. Holway from NAGE stated: “The National Association of Government Employees (NAGE/SEIU) strongly condemns the Trump administration’s efforts to use federal employees as political pawns. These attacks are not just an assault on our hardworking public servants; they are an assault on the very functioning of our democracy. Federal employees keep this country running every day, and no administration has the right to punish them for simply doing their jobs. NAGE stands firmly with federal employees and is committed to defending the rule of law, ensuring fairness, and accountability. NAGE members are, and will always be, the heart of public service in this country.”
Matt Biggs from IFPTE said: “This joint action reaffirms two truths: that organized labor is leading the fight against the administration’s unprecedented and unlawful attack on federal workers’ rights, and that the more vicious and outrageous their attacks become,the stronger we stand in solidarity.Our opponents’ entire game plan is to divide,demean,and defeat us,but we will prevail by taking a stand in every venue available,inclu ding the courts.We are honored to join with AFGE , AFSCME , NFFE , NAGE , SEIU , NTEU ,and AFT ,our union sisters and brothers,to challenge the illegal firings being implemented by OPM Director Vought,and we will not hesitate to use every resource to protect IFPTE members employed by the federal government .”
Doreen Greenwald from NTEU added: “NTEU proudly stands in solidarity with other unions to fight the administration’s reckless plan to send federal employees around the country to the unemployment lines and deprive Americans of the government services they expect and deserve.”
Danielle Leonard from Altshuler Berzon LLP stated: “There is nothing remotely lawful about this administration’s choice to force federal employees to work during a government shutdown to terminate their fellow public servants ,all to serve political aims and justified by the false premise that the shutdown eliminates statutory authorization.Tuesday's filing seeks to protect federal employees that the adminis tration insists on using as political pawns from further harm .”
Skye Perryman from Democracy Forward said: “The rule of law does not shut down ,as much as President Trump may hope it does.Across the country,courts are continuing to uphold the Constitution,and communities are continuing to fight back and win against unlawful power grabs.We are honored to represent this powerful group of unions ,which work every day to support American workers.Together,we will continue to hold this adminis tration accountable and challenge their lawlessness in defense of people ,communities,and our democracy .”
Ambassador Norm Eisen from Democracy Defenders Fund commented: "The Trump administration continues to expand its illegal conduct under the pretext of the government shutdown.We’re expanding our lawsuit to fully address this wrongdoing.There is no doubt that the president and his administration must follow the law in their treatment of hardworking government employees who do so much for all Americans.Yet the president and his administration are flouting those rules.This lawsuit is about holding them accountable."
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