Delay in enforcing the resignation deadline for the 'deferral' scheme prolonged by the judge's decision
In a significant development, U.S. District Judge George A. O'Toole Jr. has extended his order blocking the Trump administration from implementing the controversial "deferred resignations" program. The decision came on Monday, following a court order issued earlier.
The program, which allows federal employees to resign and be rehired at a later date, has been met with criticism from unions and congressional Democrats. Approximately 65,000 employees have accepted the deferred resignation offer, according to WHDH.
The American Federation of Government Employees (AFGE), the National Federation of Federal Employees (NAGE-SEIU), and the American Federation of State, County, and Municipal Employees (AFSCME) have filed a lawsuit against the program, arguing it violates the Administrative Procedure Act.
The unions, led by AFSCME President Lee Saunders, have expressed concerns about the treatment of federal workers in the program. In a statement made on Monday, Saunders praised the judge's decision, stating, "Federal workers are heroes who deserve respect and should not be treated as numbers on a political scoreboard."
The judge's decision comes as a response to the unions' legal effort to address the program. The plaintiffs have warned employees not to accept deferred resignation due to draft agreements that require employees to waive their right to litigate their departure and unions' right to represent them.
The Justice Department, however, argues that unions lack standing in this case and employees must go to the Federal Labor Relations Authority or the Merit Systems Protection Board to challenge the program.
The deadline for federal workers to accept the offer was Monday night, but no new facts about the timeline for the judge's decision were provided in the statement. The judge did not offer a timeline for when he would issue a decision in this case.
The language in the draft agreements suggests that an agency head could rescind employees' resignation agreements, an action not appealable to the MSPB. This raises further concerns about the security and stability of federal workers' employment.
Despite these challenges, Saunders reiterated the need to continue stopping the purge of federal workers. He stated, "We will continue moving the case forward until federal workers receive the respect they deserve."
The case is expected to move forward, with the unions working together in their efforts to protect federal workers' rights. As the situation develops, it is clear that the fight for fair treatment of federal workers is far from over.
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