Federal Worker Unions Sue Over Layoff, Resignation Orders (1)

Feb. 12, 2025, 10:33 PM UTCUpdated: Feb. 12, 2025, 11:23 PM UTC

Several federal labor unions filed a lawsuit to block the Trump administration’s plans to conduct mass firings of hundreds of thousands of employees and a “pressure campaign” for workers to take the administration’s exit offer.

The National Treasury Employees Union, National Federation of Federal Employees, and three other unions alleged in a complaint filed in the US District Court for the District of Columbia that President Donald Trump’s recent executive order threatens the job security of the employees they represent in dozens of federal agencies.

Among other things, the administration’s actions will also diminish the union’s bargaining power through the loss of unit employees and members, they said.

The suit seeks injunctive relief, as well as a court order declaring that the mass firing of nonessential, probationary, and other employees and the exit offer are unlawful. The offer is also known as “deferred resignation” or “Fork in the Road.”

The plaintiffs pointed to federal regulations that spell out detailed steps agencies must follow to downsize. The regulations require agencies to write a detailed list of jobs they want to cut, taking into account factors such as geography, salary, and job description. The president’s executive order ignored those requirements, the unions said.

They also accused the Trump administration of violating “separation of powers principles” and undermining lawmakers’ power to fund federal agencies. They highlighted the Anti-Deficiency Act, the law that prohibits federal agencies from spending money before Congress approves it, and the Impoundment Control Act, which limits the president’s control over federal spending.

The US Attorneys Office for the District of Columbia, NTEU, and NFFE did not immediately respond to requests for comment.

NTEU represents about 150,000 federal employees and NFFE represents 110,000, according to the complaint.

The case is Nat’l Treasury Employees Union v. Trump, D.D.C., No. 1:25-cv-00420, complaint filed 2/12/25.

(Adds information about the claims in the lawsuit, request for comment, and union membership.)


To contact the reporters on this story: Khorri Atkinson in Washington at katkinson@bloombergindustry.com; Courtney Rozen in Washington at crozen@bloombergindustry.com

To contact the editor responsible for this story: Genevieve Douglas at gdouglas@bloomberglaw.com; Keith Perine at kperine@bloombergindustry.com

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