IFPTE Federal Sector Update on Trump/Musk and DOGE Attacks on Federal Workers - Week Ending Feb. 21
IFPTE’s executive officers and staff, along with our Union partners at the Federal Workers Alliance (FWA), continue to work in coalition on all fronts – Legal, Legislative, Grassroots, PR – to fight against the illegal and unprecedented attacks by President Trump, the so-called DOGE, including Elon Musk and his associates, and larger Trump Administration, against federal workers and the agencies they work for.
Here is the latest:
Legislative:
IFPTE continues to meet with lawmakers on Capitol Hill seeking their support for blocking and mitigating the damage done by the mass firings of federal workers, including those represented by IFPTE.
IFPTE joined a coalition of labor unions to urge Republicans in the House of Representatives to oppose any cuts to federal employee retirement and health benefits in the upcoming House Budget Reconciliation bill that aims to cut over $2 trillion. Meanwhile, the Senate is moving toward crafting a smaller Budget Reconciliation bill that does not consider cuts to federal employee benefits.
Grassroots:
- Thousands of federal workers and supporters of federal workers rallied across the nation on Wednesday as a part of the #SaveOurServices day of action against the Trump and Musk mission of dismantling the federal government, firing federal workers in masses, and destroying federal services to taxpayers. Local 98 president, Chris Dols, was one of the primary organizers of the Day of Action and appeared on multiple nationally televised programs to sound the alarm, including on CNN and MSNBC. Meanwhile, international president, Matt Biggs, and secretary-treasurer, Gay Henson, and Eastern Federal Area VP, Ben Emmel attended and spoke at one of the rallies held outside of the Health and Human Services (HHS) headquarters in Washington, DC. See more about the rallies in the PR section below.
- Fearing Trump cuts, NOAA workers in Washington state held a ‘Save Our Science’ rally (Seattle Times). IFPTE Local 8A members and leaders organized a rally calling for solidarity with the NOAA workforce and highlighting the importance of what NOAA and its employees do.
Legal:
IFPTE’s plaintiffs in the following lawsuits:
1) Protect Democracy led lawsuit along with several other unions suing alleging that the Department of Education, the Office of Personnel Management and the Department of Treasury improperly disclosed the sensitive records of millions of Americans to DOGE staff who lack appropriate security clearances and have not been properly vetted, and granted access to some of the government’s most sensitive and closely guarded data systems, in violation of the Privacy Act. The lawsuit is asking the court to impose injunctive and declaratory relief to ensure that improper disclosures to DOGE representatives stop immediately and that any data currently in DOGE’s possession be immediately deleted and destroyed.
2) NTEU-led lawsuit to protect probationary workers and other fed workers from wholesale firings and to save public services. While we are disappointed to report that on Thursday, the judge denied the unions’ request for a temporary restraining order, the lawsuit continues and unions will get their day in court to challenge the mass illegal firings of federal civil servants.
3) AALJ, IFPTE Judicial Council 1 and AFGE Privacy Act lawsuit to block DOGE from accessing personal and employment records through OPM.
4) Class action/collected individual appeals for fired probationary workers – See IFPTE’s guidance below to Locals regarding avenues for terminated probationary workers.
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Legal Update for Federal Locals
We've received a few questions regarding planned mass complaints and appeals in conjunction with mass terminations of federal workers (for example, see this GovExec article).
The AFL-CIO's Legal Dept is in communication on behalf of labor with the firms that are planning to file large groups of cases with the Merit Systems Protection Board (MSPB) and Office of Special Counsel (OSC). Individuals who are currently being screened are generally NOT union-represented employees; represented employees are being steered towards enforcement through their union contracts. The firms are still working on the details and have not filed anything as of today. Please check your contract language related to terminations and probationary employees as a first step in deciding whether to file grievances, EEO cases, or to direct employees to MSPB or OSC regarding terminations.
The firm James & Hoffman intends to file a single MSPB complaint on behalf of hundreds of individual employees and, we are told, will likely open it up to union members as well once representation details are solidified. However, you have grievance procedures built into your CBAs and you should check your contract language first, including timelines, as that may get the case before an arbitrator rather than MSPB. Your contract language may also contain some extra layers of protection (requirement of notice of proposed action, for example, with an opportunity to respond).
The OSC “class action” is led by the Alden Group assisted by Democracy Forward. There are 6 employees on that draft complaint representing various agencies. Our take is that represented employees should only go to OSC if they have a very clear-cut case (for example, if an employee has a recent exemplary performance award and documentation from a supervisor stating that they were instructed to terminate the employee despite stellar performance). If that is the case, please let us know so we can evaluate whether they are appropriate for OSC. However, locals and individual members should be aware that the Supreme Court may hold that the firing of Special Counsel Hampton Dellinger's removal was legal, leaving OSC unable to function and pending cases stuck in limbo.
Status of all other lawsuits as tracked by Just Security: IFPTE members can view the status of all lawsuits filed about federal workers, Privacy Act, and other matters at the Just Security “Litigation Tracker: Legal Challenges to Trump Administration Actions.”