Coalition of Unions, Small Businesses, Veterans, and Conservation Organizations Seek Injunction to Prevent Unlawful Firings

 

WASHINGTON, D.C. – In their lawsuit attempting to block the unlawful mass terminations of probationary federal employees, some of the nation’s largest and most influential public service unions, along with small businesses, veterans, and conservation organizations, have filed for a temporary restraining order (TRO) against the Office of Personnel Management (OPM) and its Acting Director, Charles Ezell. The TRO would stop OPM from directing the unlawful firings, which the plaintiffs refer to in their complaint as “one of the most massive employment frauds in the history of this country.”

 

The plaintiffs in this case consist of the American Federation of Government Employees (AFGE); American Federation of State, County and Municipal Employees (AFSCME); the Main Street Alliance; the Coalition to Protect America’s National Parks; the Common Defense Civic Engagement; theWestern Watersheds Project; AFGE Local 1216; AFGE Local 2110; VoteVets; CommonDefense.us; and United Nurses Associations of California/Union of Health Care Professionals (UNAC/UHCP). They are  represented by the law firm of Altshuler Berzon LLP and the State Democracy Defenders Fund (SDDF).

 

The complaint, filed last week and amended yesterday, says that OPM’s egregious firings were made on false pretenses and violate federal law, including the Administrative Procedure Act and other statutes defining federal employment and OPM's role. These firings were executed across federal agencies, based on directives from OPM. OPM, the complaint asserts, acted unlawfully by directing federal agencies to use a standardized termination notice falsely claiming performance issues. Congress, not OPM,controls and authorizes federal employment and related spending by the federal administrative agencies, and Congress has determined that each agency is responsible for managing its own employees.   

 

In federal service, new employees and employees who change positions (including through promotions) have probationary status. The plaintiffs claim that OPM is exploiting and misusing the probationary period to eliminate staff across federal agencies.

 

The amended complaint is the first to target OPM’s illegal demand that federal employees enumerate five accomplishments of the previous week. The demand, which has been widely derided, is also a violation of the Administrative Procedure Act, as explained in the complaint. “This request, and the resulting confusion, is not just inappropriate - it is disruptive to essential government functions,” said AFGE National President Everett Kelley, in a letter to Acting Director Ezell.

 

With respect to the termination of the provisional employees,“small business owners across the country rely on the Small Business Administration for access to capital, technical assistance, government contracting, disaster relief and many other critical services. Main street businesses also rely on consistent and predictable permitting and regulation,” said Richard Trent, Executive Director for the Main Street Alliance. “More than 20 million new small businesses have formed in the US since 2020. OPM should immediately stop this chaos. MSA will keep fighting until they do.”

 

"Units of the National Park System across the country - who are already struggling with a lack of staff - have been impacted by the unlawful and reckless firings of federal employees," said Phil Francis, Chair of the Executive Council of the Coalition to Protect America's National Parks. "We know these reductions in staff will lead to partial or full park closures, safety concerns due to a lack of  emergency responders, reduction or elimination of visitor center operations, a lack of maintenance including filthy restrooms, and an increased risk of harm to plants, animals, and other natural and cultural resources. These mass firings hurt our national parks and they hurt surrounding communities that depend on tourism and visitor spending to help support the local economy. The Coalition appreciates and supports our NPS employees and all federal workers who work tirelessly to conserve and protect our country’s national parks and public lands."

 

“Federal land and wildlife agencies are already understaffed, and the Trump administration’s recent hatchet-job on federal employees is resulting in chaos that will reduce federal oversight over lands that are supposed to be managed for the public interest, with conservation of lands, wildlife, and watersheds an important focus,” said Erik Molvar, a wildlife biologist and Executive Director of Western Watersheds Project. “We are concerned that these new job cuts will result in less federal oversight over public lands, allowing loggers, grazers, and drillers to get away with serious land abuses.”

 

“This administration’s mass firings are a direct attack on the working people who have dedicated their lives to public service, including thousands of veterans. These reckless terminations threaten their livelihoods, their families, and their ability to continue serving their country, but the harm doesn’t stop there. Working families across the country could suffer from cuts to essential government services, whether it’s VA hospitals, disaster relief, or public safety,” said Jose Vasquez, Executive Director, CommonDefense.us. “This is not just bureaucratic mismanagement, it’s an assault on our nation from within. Common Defense stands with our fellow plaintiffs to demand an immediate stop to this unlawful purge and to defend the veterans, military families, and public servants who keep our government running."

 

“Veterans constitute approximately 30% of the federal workforce.  The recent mass layoffs have disproportionately affected them, leading to job losses and increased uncertainty. Many veterans rely on federal employment for stability, and these cuts have disrupted their livelihoods, said VoteVets Action Fund Chairman Major General (Ret.) Paul Eaton. “In addition, the termination of tens of thousands of probationary federal employees has had an adverse impact on the services provided to veterans, leading to staffing shortages, diminished support for critical programs, and increased uncertainty for veterans and their families.”

 

“This administration has abused the probationary period to conduct a chaotic, ill-informed, and politically-driven firing spree. The result has been the indiscriminate firing of thousands of patriotic public servants across the country who help veterans in crisis, ensure the safety of our nuclear weapons, keep power flowing to American homes, combat the bird flu, and provide other essential services,” said AFGE National President Everett Kelley. “These actions aren’t just illegal. They are hurting everyday Americans and making us all less safe. It’s a stark reminder of the price we all pay when you stack the government with political loyalists instead of professionals.”

 

“Overnight, tens of thousands of federal employees received the same termination letter citing ‘performance issues’ without any explanation or reasoning,” said AFSCME President Lee Saunders. “These mass firings are yet another unlawful attempt by this billionaire-run administration to gut public services without regard to the health and safety of our communities. Federal workers are qualified professionals who make our nation stronger – supporting our schools, parks, hospitals and vital infrastructure. We will keep fighting these attacks on their freedoms that threaten everything from food safety to national security to health care."

“New hires are crucial as our country continues to face nurse staffing challenges. Indiscriminately firing these nurses, who are essential to the care their units provide, could truly cost lives,” said Charmaine S. Morales, RN and UNAC/UHCP President.

 

Ambassador Norm Eisen, representing the plaintiffs and executive chair of SDDF, said, “SDDF is proud to stand with leading public service unions and others in this critical fight to protect their members, who dedicate their lives to serving our nation. The mass firings ordered by OPM are illegal and betray the trust of countless federal employees. The patronizing demand that federal workers still on the job have to justify themselves by enumerating five accomplishments just adds insult to injury. That too is against the law. We are committed to protecting all these workers.”