Federal Employee Unions File Expanded Lawsuit Challenging Trump Administration’s Illegal Shutdown Firings

SAN FRANCISCO – Labor unions challenging the Trump administration’s illegal mass firing of federal employees during the government shutdown on Tuesday expanded their lawsuit to cover additional federal workers and asked the court to issue a preliminary injunction extending its order barring the administration from firing any workers as the litigation proceeds.

The American Federation of Government Employees (AFGE) and the American Federation of State, County and Municipal Employees (AFSCME) filed a lawsuit Sept. 30 arguing that the administration violated the law by threatening to fire federal workers furloughed due to the shutdown and ordering employees to work unpaid during the shutdown to carry out the mass terminations. The unions are represented by Altshuler Berzon LLP, Democracy Forward, and Democracy Defenders Fund.

Judge Susan Illston from the U.S. District Court for the Northern District of California issued a temporary restraining order on Oct. 15 preventing the administration from enforcing the reduction-in-force notices it had already issued or issuing any further RIF notices to employees in offices at the defendant agencies where the unions represent employees. During a subsequent hearing on Oct. 17, she clarified that the temporary restraining order applies to all agency offices where the unions have members or bargaining units – even those where contracts were terminated by the administration.

The lawsuit was expanded Oct. 17 to include employees represented by the National Federation of Federal Employees (NFFE), the National Association of Government Employees (NAGE), and the Service Employees International Union (SEIU). Tuesday’s amended filing asks the court to further expand the lawsuit to include federal employees represented by the National Treasury Employees Union (NTEU), the American Federation of Teachers (AFT), and the International Federation of Professional and Technical Engineers (IFPTE).

“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,” said AFGE National President Everett Kelley. “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.”

“The administration’s planned mass firings clearly broke the law, which is why we won our motion to stop them temporarily last week,” said AFSCME President Lee Saunders. “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.”

“Firing federal workers during a government shutdown is as cruel as it is unlawful,” said SEIU Executive Vice President Heather Conroy. “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.”

“Federal workers and the people they serve are always the ones hurt when the government shuts down,” said AFT President Randi Weingarten. “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.”

“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,” said NFFE National President Randy Erwin. “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.”

“The National Association of Government Employees (NAGE/SEIU) strongly condemns the Trump administration’s efforts to use federal employees as political pawns,” said NAGE National President David J. Holway. “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.”

“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, demoralize, and defeat us, but we will prevail by taking a stand in every venue available, including the courts,” said IFPTE President Matt Biggs.  “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.”

“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,” said NTEU President Doreen Greenwald.

“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,” said Danielle Leonard, Altshuler Berzon LLP. “Tuesday’s filing seeks to protect federal employees that the administration insists on using as political pawns from further harm.”

“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 administration accountable and challenge their lawlessness in defense of people, communities, and our democracy,” said Skye Perryman, President and CEO of Democracy Forward.

“The Trump administration continues to expand its illegal conduct under the pretext of the government shutdown,” said Amb. Norm Eisen, executive chair of Democracy Defenders Fund. “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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The American Federation of Government Employees (AFGE) is the largest federal employee union, representing more than 800,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center.

AFSCME's 1.4 million members provide the vital services that make America happen. With members in communities across the nation, serving in hundreds of different occupations — from nurses to corrections officers, child care providers to sanitation workers — AFSCME advocates for fairness in the workplace, excellence in public services and freedom and opportunity for all working families.

SEIU unites 2 million diverse members in the United States, Canada and Puerto Rico. SEIU members working in the healthcare industry, public sector and property services believe in the power of joining together on the job to win higher wages and benefits and to create better communities while fighting for a more just society and an economy that works for all of us, not just corporations and the wealthy. Learn more at www.seiu.org

The AFT represents 1.8 million pre-K through 12th-grade teachers; paraprofessionals and other school-related personnel; higher education faculty and professional staff; federal, state and local government employees; nurses and healthcare workers; and early childhood educators.

Established in 1917, the National Federation of Federal Employees is America’s first union representing civil service federal employees. NFFE represents approximately 110,000 federal employees in 35 departments and agencies governmentwide. NFFE is affiliated with the International Association of Machinists and Aerospace Workers, AFL-CIO. For more information, go to www.nffe.org.

The National Association of Government Employees (NAGE) represents over 125,000 public and private sector workers across the country, including 75,000 Federal employees. Individuals who work tirelessly to keep our communities running; from keeping the lights on and water clean, highways safe, and State & Federal Governments running, to providing essential EMS care and community protection services, NAGE members set the standard of service. For more information, please visit nage.org

Founded in 1918, the International Federation of Professional and Technical Engineers (IFPTE) is a labor union representing more than 90,000 workers across North America, including upwards of 30,000 federal workers. For more information, go to ifpte.org.

NTEU represents employees in 38 federal agencies and offices.

Altshuler Berzon LLP is a law firm dedicated to providing the highest quality representation in the service of economic justice and the public interest. Altshuler Berzon specializes in labor and employment, constitutional, environmental, civil rights, class action, campaign and election, and impact litigation at both the trial and appellate levels.

Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org

Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.