WASHINGTON: A federal judge in San Francisco found that the mass firings of probationary employees were likely unlawful, granting some temporary relief to a coalition of labour unions and organisations that has sued to stop the Trump administration’s massive trimming of the federal workforce.
The ruling puts one of the most comprehensive pauses so far on the attempts of President Donald Trump’s administration to carry out mass firings across federal agencies.
The case specifically grappled with the involvement and oversight of the Office of Personnel Management, led by acting director Charles Ezell, in directing agencies to cut back their workforces beginning with shorter-term, or probationary, employees.
At a hearing, US District Judge William Alsup (pic) ordered the Office of Personnel Management to inform certain federal agencies that it had no authority to order the firings of probationary employees, including the Department of Defense.
The order may have the immediate impact of putting on hold mass firings of federal probationary workers.
“OPM does not have any authority whatsoever, under any statute in the history of the universe,” to hire or fire any employees but its own, Alsup said.
Alsup handed down the order on a temporary restraining order sought by labour unions and nonprofits in a lawsuit filed by the coalition filed last week. He had sought more clarity before the hearing on the extent of the involvement of OPM in directing agencies to cut staff.
A sworn statement from Ezell filed in court told the judge OPM wasn’t conducting a “mass termination program,” and “did not direct agencies to terminate probationary employees, based on performance or misconduct.” Ezell said the individual agencies were “responsible” for taking their own action to cut jobs and review workers’ performance.
Ezell did, however, say he “issued guidance” to federal agencies on Trump’s first day in office, and again this month, that probationary employees weren’t finalized hires in the government and that agencies should “manage staffing levels,” according to the court filing.
Thousands of probationary employees have lost their jobs from several agencies, including the IRS, and the Trump administration has pledged to fire thousands more.
The probationary workers have fewer protections from being fired than those who have served for longer time periods in their positions.
The complaint filed by five labor unions and five nonprofit organizations is among multiple lawsuits pushing back on the administration’s efforts to vastly shrink the federal workforce, which President Donald Trump has called bloated and sloppy.