Ex-Federal Employees Unite with Democrats to Oppose Upcoming RIFs
The partial government shutdown has entered its third week, prompting significant concern regarding impending reductions in force (RIFs) across various federal agencies. Following recent announcements of layoffs, federal employees and Democratic lawmakers gathered in Washington, D.C., to voice their opposition to these planned cutbacks.
Federal Employees and Democrats Stand Against RIFs
At a press conference, Jessica Weinberg, a former Food and Drug Administration employee, expressed her concerns for colleagues facing layoffs. “I feel for my colleagues, those who received RIF notices over the weekend,” she said. This included employees from prominent agencies such as the Centers for Disease Control and Prevention and the Health Resources and Services Administration.
Over 4,000 federal workers received layoff notices, effective in two months. The Office of Management and Budget (OMB) directed agencies to formulate RIF plans for programs lacking alternative funding or not aligning with former President Donald Trump’s priorities.
Political Reactions
During the press conference, Senator Chris Van Hollen (D-Md.) labeled OMB’s claims that the shutdown necessitates these layoffs as misleading and illegal. He stated, “It is also illegal and we will see them in court.” Numerous Senate and House Democrats supported federal workers during the event, emphasizing their appreciation for the federal workforce’s dedication.
Congress continues to face gridlock over budget negotiations. The Republican-controlled House, led by Speaker Mike Johnson (R-La.), is currently unwilling to convene until Democrats agree to reopen the government. Meanwhile, the Senate’s efforts to resume operations have been complicated by demands for healthcare funding from Democrats.
Widespread Impact of RIFs
RIFs are anticipated to affect multiple departments, including:
- Department of Commerce
- Department of Education
- Department of Energy
- Department of Treasury
- Department of Homeland Security
- Department of Health and Human Services
- Department of Housing and Urban Development
In light of the ongoing shutdown, OMB has stated its intention to proceed with additional layoffs, emphasizing a stance of compliance with RIF plans. They claimed on social media, “Pay the troops, pay law enforcement, continue the RIFs, and wait.”
Controversy Surrounding Layoffs
Conducting RIFs during a government shutdown is historically unprecedented. Generally, federal employees are furloughed but receive back pay once funding is reinstated. A law from 2019 promises retroactive pay for both excepted and furloughed employees; however, there are indications that OMB may withhold back pay for furloughed staff.
Despite assurances from Speaker Johnson regarding back pay for furloughed employees, confusion remains. Guidance from the Office of Personnel Management indicated that RIF activities could proceed as “excepted activities” during the shutdown. However, Rob Shriver, managing director at Democracy Forward, argues that such actions are unlawful under the current circumstances.
Legal Actions Against RIFs
Democracy Forward, representing the American Federation of Government Employees and related organizations, has initiated legal proceedings against the Trump administration regarding the RIFs. The lawsuit claims that OMB’s directive violates both the Anti-deficiency Act and the Administrative Procedure Act.
A district court is set to hear arguments regarding the unions’ motion to temporarily halt the layoffs. A previous court ruling blocked the initial round of RIFs earlier this year, although subsequent Supreme Court decisions allowed for widespread layoffs in July. Shriver affirmed the determination to contest these layoffs, stating, “No matter what happens, we will continue to fight these illegal RIFs.”
