A federal judge declined to block downsizing efforts by the Trump administration in its bid to substantially reduce the size of the federal workforce.
U.S. District Judge Christopher Cooper said in his decision that the court lacked standing to grant the unions’ request to stop the mass layoffs of federal employees. Instead, he said in the opinion that the claims must be brought before the Federal Labor Relations Authority (FLRA) as per the Federal Service Labor-Management Relations Statute.
Cooper wrote in his opinion:
NTEU fails to establish that it is likely to succeed on the merits because this Court likely lacks subject matter jurisdiction over the claims it asserts. The Court will therefore deny the unions’ motion for a temporary restraining order and, for the same reasons, deny their request for a preliminary injunction. Because it likely lacks jurisdiction, the Court need not address the other considerations for preliminary injunctive relief.
NTEU and four other unions argued that their claims against the FLRA are not precluded, citing irremediable harm and the need for expedited review. However, the court concluded that the claims, while potentially burdensome, do not constitute irreparable harm and can be addressed through the FLRA’s statutory review scheme.
The case sought to prevent:
- The termination of NTEU’s members who are probationary employees
- The anticipated implementation of large-scale reductions in force (“RIFs”) throughout federal agencies
- Any renewal of the Trump Administration’s program to offer federal employees “deferred resignation” with pay and benefits until September 30 of this year
In a separate decision, a federal court allowed the deferred resignation program to proceed after initially placing a hold on it. Once it did, the Office of Personnel Management closed the program to new resignations the same day.
In a statement about the court decision, the union vowed to keep fighting the Trump administration over the matter. NTEU National President Doreen Greenwald called it a temporary setback and said:
There is no doubt that the administration’s actions are an illegal end-run on Congress, which has the sole power to create and oversee federal agencies and their important missions regarding public health and safety, national security, economic growth and stability, and consumer protection. Every single one of those missions is now jeopardized by this administration’s actions, and NTEU is prepared to keep fighting on behalf of our nation’s civil servants and the American people who need them on the job.
