Unions sue Trump admin over mass layoff plan during government shutdown
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Office of Management and Budget Director Russ Vought speaks during a press conference on Sept. 29. Photo: Nathan Posner/Anadolu via Getty Images
Labor unions representing hundreds of thousands of government employees sued the Trump administration over its threats to fire federal workers during the government shutdown.
Why it matters: If the White House follows through on the threat, the shutdown could bring another wave of layoffs for a federal workforce already hollowed out by Trump's DOGE cuts earlier this year.
- The government shut down after the Senate failed to pass a funding measure Tuesday. No compromise appears imminent.
Driving the news: In a lawsuit filed ahead of the midnight funding deadline, the American Federation of Government Employees and the American Federation of State, County and Municipal Employees argued that the administration's actions are "contrary to law and arbitrary and capricious."
- The lawsuit names the Office of Management and Budget and its director, Russell Vought, and the Office of Personnel Management and its director, Scott Kupor, as defendants.
- The suit described OMB's memorandum pushing for programs to be hollowed out as a partisan attempt to pressure Congress and punish federal employees.
- It cited the memo's language blaming Democrats and a political pop-up message on a federal department's website.
- The case was assigned to District Judge Vince Chhabria, an Obama appointee.
Catch up quick: Vought instructed agencies to prepare "Reduction in Force (RIF) notices for all employees" in programs that are "not consistent with the president's priorities."
- OMB and OPM did not immediately respond to Axios' request for comment.
State of play: During a shutdown, agencies and departments must determine which employees are "excepted" and which to furlough.
- Updated guidance from OPM cited in the lawsuit states that "OMB has determined that agencies are authorized to direct employees to perform work necessary to administer the RIF process during the lapse in appropriations as excepted activities."
- That conclusion, the unions argue, is "wholly contrary to governing law."
What they're saying: "Federal workers do the work of the people and playing games with their livelihoods is cruel and unlawful," said Skye Perryman, president and CEO of Democracy Forward, in a statement on the lawsuit.
- The unions asked the court to declare that OMB and OPM acted unlawfully and stay the OMB memorandum.
The bottom line: The shutdown has begun — and President Trump says "a lot" of employees could be laid off.
Go deeper: No one wants to shoulder the government shutdown blame
