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Categories: The Insider
As the federal government shutdown nears the two-week mark, here are five developments you should know:
AFGE and American Federation of State, County and Municipal Employees (AFSCME) filed a motion for a temporary restraining order (TRO) on Oct. 4 to block the Trump administration's threatened mass firings of federal workers in response to the government shutdown.
Filed in the U.S. District Court for the Northern District of California, the TRO builds on the lawsuit filed by AFGE and AFSCME on Sept. 30, which asserts that the Office of Management and Budget, through its Director Russell Vought, has violated the law by directing that federal agencies conduct mass firings of federal workers during the shutdown. The lawsuit also names as defendants the Office of Personnel Management and its Director Scott Kupor, which issued unlawful and unprecedented instructions that federal employees may perform work during the federal government shutdown in order to carry out mass reductions-in-force (RIFs).
“Announcing plans to fire potentially tens of thousands of federal employees simply because Congress and the administration are at odds on funding the government past the end of the fiscal year is not only illegal – it’s immoral and unconscionable,” President Kelley said. “Federal employees dedicate their careers to public service – more than a third are military veterans – and the contempt being shown them by this administration is appalling.”
On Oct. 10, Vought tweeted that the administration has begun issuing RIFs. As of this writing, more than 4,000 employees have received RIF notices including nearly 1,500 at the Treasury Department, 1,200 at the Health and Human Services Department, and about 450 each at the Education and Housing and Urban Development departments.
AFGE quickly condemned the mass firings and pointed back to the lawsuit we have already filed.
“We will not stop fighting until every reduction-in-force notice is rescinded,” Kelley said.
Hours after the first notices were issued, the administration raced to reverse the terminations of hundreds of scientists at the Centers for Disease Control and Prevention who it said were wrongly targeted. They included the top two leaders of the federal measles response team, those working to contain Ebola in the Democratic Republic of Congo, members of the Epidemic Intelligence Service, and the team that assembles the agency’s weekly morbidity and mortality report, the New York Times reported.
On Oct. 8, AFGE organized a press conference outside our D.C. headquarters with labor union leaders representing federal government and transportation workers to call on lawmakers to end the government shutdown immediately.
“Let me start with a simple truth: every day this government stays shut down, real people are hurting,” AFGE National President Everett Kelley said. “So today, I call on leaders from both parties to sit down together, work out your differences, and find a solution that reflects the best of America, just like federal employees do every single day. I call on you today to put people over politics. Let’s end this shutdown and get back to the business of serving the American people – all together.”
Several leaders criticized the Trump administration, particularly Office of Management and Budget Director Russell Vought, for suggesting that furloughed federal workers not be paid for the time they have been forced off the job.
“Despite what this OMB Director Russ Vought thinks, these are working families. These are working Americans that have families, that live paycheck to paycheck, that have to pay bills, have to put food on the table, and denying them a paycheck is simply cruel. It’s cruel,” said Matt Biggs, president of the International Federation of Professional and Technical Engineers (IFPTE), whose union represents more than 15,000 federal employees at the Department of Defense and other agencies.
Media outlets across the country are increasingly focused on the impact a prolonged shutdown will have on the aviation industry. Transportation security officers represented by AFGE and air traffic controllers represented by the National Air Traffic Controllers Association are working without pay during the shutdown – adding more pressure to already stressful jobs, Association of Flight Attendants-CWA (AFA) International President Sara Nelson said.
“Right now, TSA officers are coming to work making good on their oath to the constitution, to all of us, to keep us save. Air traffic controllers are coming to work, making good on their oath to the country, just like they do every single day, understaffed and under resourced by this government,” Nelson said. “They are coming to work under an increasingly unsafe scenario, because in safety we know that the first rule is to remove all distractions in order to keep things safe. What could be more of a distraction than not getting a paycheck?”Other participants at the press conference were National Federation of Federal Employees (NFFE-IAM) President Randy Erwin, Transportation Trades Department (TTD) President Greg Regan, American Federation of Teachers (AFT) Executive Vice President Evelyn DeJesus, National Association of Government Employees (SEIU NAGE) Federal Director Lee Blackmon, and International Association of Fire Fighters Assistant to the General President for Government Affairs and Political Action Chris “Blue” Bartley.
The Trump administration hit a new low last week when reports surfaced that the White House was considering withholding the backpay of federal employees furloughed due to the government shutdown.
Withholding the pay of furloughed workers is an obvious violation of the Government Employee Fair Treatment Act, a law passed by Congress in 2019 following the unprecedented 35-day shutdown under Trump’s first term that guarantees back pay for federal employees furloughed in a shutdown. It also contradicts the administration’s own guidance, issued days before the current shutdown began, that clearly and correctly states that furloughed employees will receive retroactive pay for the time they were out of work as quickly as possible once the shutdown is over.
“As we’ve said before, the livelihoods of the patriotic Americans serving their country in the federal government are not bargaining chips in a political game. It’s long past time for these attacks on federal employees to stop and for Congress to come together, resolve their differences, and end this shutdown,” President Kelley said in a statement.
On Oct. 9, AFGE joined with the Democracy Defenders Fund (DDF) and the American Federation of State, County and Municipal Employees (AFSCME) in sending a formal letter sent to Office of Management and Budget Director Russell Vought demanding OMB’s confirmation that all furloughed workers will be paid when the shutdown ends.
“Given the clarity of the law, there is no place for the Administration to backpedal on its obligation to pay furloughed workers,” the letter states.
AFGE sued the Trump administration on Oct. 3 for forcing civil servants at the U.S. Department of Education to engage in partisan political rhetoric during the current federal shutdown.
Shortly after the shutdown began, the Department of Education replaced its employees’ out-of-office automatic email replies with partisan political language placing blame for the government shutdown. The changes were made without giving notice to the employees and without obtaining consent.
The Trump-Vance administration’s use of official government resources to push partisan messaging is both unprecedented and in violation of the First Amendment.
“Our union will not stand silent while President Trump and his political puppets blatantly violate the law in yet-another assault on federal workers’ rights,” President Kelley said.
The lawsuit was filed in the District Court for the District of Columbia. AFGE is represented by Democracy Forward and Public Citizen Litigation Group in the matter.
AFGE has endorsed legislation introduced in the Senate and House that would protect federal workers, federal contractor employees, and their families from foreclosures, evictions, and loan defaults during a government shutdown.
The Federal Employees Civil Relief Act was introduced in the Senate by Sen. Brian Schatz, D-Hawaii, with 17 original cosponsors. Companion legislation was introduced in the House by Reps. Brendan Boyle, D-Pa., and Emily Randall, D-Wash.
“Right now, hundreds of thousands of federal workers, federal contractor employees, and their families don’t know whether they’ll be able to pay rent and make ends meet. Our bill will protect these workers and make sure they aren’t harmed during this shutdown,” Sen. Schatz said.
The legislation would protect furloughed federal workers from being evicted or foreclosed, having their car or other property repossessed, falling behind on their bills or student loan payments, having negative effects on their credit history, or losing their insurance because of missed premiums. The protection would last during a shutdown, and for 30 days thereafter, to give workers a chance to keep up with their bills.
“This bill provides essential protections for federal workers who, through no fault of their own, face severe financial hardship during a government shutdown. No public servant should be at risk of eviction, repossession, or losing health insurance simply because they are working without pay or furloughed,” President Kelley said.
For the latest shutdown news, visit www.afge.org/stoptheshutdown.
We're now two weeks into the shutdown and have received a partial paycheck. Some of our coworkers at SSA are furloughed, most are working without pay, and we are all grappling with financial uncertainty with threats of not receiving backpay. This crisis is impacting each and every one of us. The only way through is together.
Join us this Wednesday for a town hall at 7 pm ET.
Our calls to demand Congress end this shutdown with a bipartisan agreement are growing. But we need to use this moment to lean into each other. Now is the time for material solidarity: We need to share resource ideas and build community with each other and our members, share what's working and where we still need to grow.
This coming Wednesday, join our Social Security Workers United town hall where we'll come together, brainstorm next steps, and share resource ideas with each other.
The only way we're going to get through is together, as a union.
Can you join us on Wednesday, October 15 at 7 pm ET? Register here, and please share with your coworkers.
In solidarity,
Rich Couture
President of AFGE Council 215
Jessica LaPointe
President of AFGE Council 220
Categories: The Insider
AFGE members from coast to coast have been speaking out to the media about the damage being inflicted on federal workers and the public they serve due to the government shutdown that began Oct. 1.
AFGE President Everett Kelley has appeared multiple times on national broadcast networks including CBS, MSNBC, and NPR, where he has highlighted the emotional and financial distress being inflicted on federal workers.
“They’re calling this a shutdown, but in actuality, this is an employee lockout. These employees are being locked out of their jobs. They want to go to work, you know, but they are told that they can’t go to work,” Kelley told NPR.
Adding to the uncertainty during this shutdown is the administration’s threat to fire mass numbers of federal workers who have been deemed non-essential or perform work that the administration finds objectionable through a reduction-in-force.
“What has made this one different from the rest is that we’ve not been threatened with being RIF’d during an emergency shutdown before,” AFGE Local 2883 President Yolanda Jacobs from the Centers for Disease Control and Prevention told CNN. “‘Now that they’ve shut down, how long before they can fire me?’ Those are some of the questions that we’re receiving.”
The threat of being fired is hanging over the heads of employees at the Environmental Protection Agency, said AFGE Local 704 President Nicole Cantello, whose local represents about 1,000 EPA workers across the Great Lakes and Upper Midwest.
“They are so worried about losing their jobs,” Cantello told NBC 5 Chicago. “There is the threat hanging over our heads from the Trump administration that not only will they furlough the employees, but that while they are on furlough they will fire them.”
Encouraged by the administration, some agencies including the Department of Housing and Urban Development have added partisan messaging to their websites blaming Democrats for the shutdown – an unprecedented politicization that could make it that much harder to reach a resolution.
“It’s a lawless land right now,” AFGE Local 476 President Ashaki Robinson from HUD told MSNBC. “It’s unprecedented to have this. I’ve been here for every shutdown for the past 19 years. This is not normal. There’s nothing normal that’s going on right now.”
On the other end of the spectrum are federal employees who are required to go to work because they are deemed essential, yet they are not being paid until the shutdown is over.
“It gets really tricky with these government shutdowns because there are essential services that have to be provided. So those employees are ordered to work, but they do it without compensation, without a paycheck,” AFGE District 8 National Vice President Ruark Hotopp told ABC affiliate WDIO in Deluth, Minn. “If you’re trying to make ends meet, if you’re trying to put food on your table and make your mortgage payment without income coming in, then obviously folks try to go find other work. Well, that’s really difficult when most of your day is spent working a job without compensation.”
During the most recent government shutdown – the historic 35-day lockout during President Trump’s first term – some transportation security officers required to work had no choice but to call out due to the ongoing financial hardship. That’s likely to happen again if this shutdown drags on, AFGE Local 554 President Aaron Barker from Hartsfield-Jackson Atlanta International Airport told Atlanta News First.
“If something happens in Atlanta with the flight or storm comes through, everything kind of comes to a halt. So if this continues and officers are not able to afford to come to work, you can expect to start seeing delays across the country,” Barker said.
AFGE Council 100 Secretary-Treasurer Johnny Jones from Ft. Worth, Texas, echoed those concerns.
“Child care does not take IOUs. Gasoline does not take IOUs. Your house payments do not take IOUs. And sometimes it becomes very difficult to maintain focus on the mission when you’re trying to figure out how you’re going to get to and from work,” Jones told Good Morning America.
The last thing transportation security officers need is the additional stress of worrying about paying their bills and simply affording to get to work if the shutdown continues.
“It’s a high stress job. We’re looking for bombs, weapons, stuff like that, and you can’t miss right? So you don’t want officers with added stress,” AFGE Council 100 Regional Vice President Joe Shuker told the Today Show.
Staffing has been cut so much at the National Park Service that there’s little room to accommodate additional absences during an extended shutdown, AFGE Council 270 President Mark Cochran told the Associated Press.
“We’re already at critical staffing levels and on top of that suddenly we have to figure out how we’re going to get by without the paycheck because we’re not sure how long this is going to last,” Cochran said. “A lot of the employees I represent, we’re living paycheck to paycheck like most of America right now.”
With so many employees furloughed, it’s difficult for the employees who are required to work to get the job done, said AFGE Council 214 President Troy Tingey, whose council represents more than 35,000 employees in the Air Force Materiel Command.
“It’s frustrating going to work not knowing if you’re going to get a paycheck,” Tingey told Fox affiliate KSTU in Salt Lake City, Utah. “It’s also frustrating if you’re going to work and your co-workers are on furlough and you kind of need them to complete the mission.”
More than half of the workforce at the Centers for Disease Control and Prevention have been furloughed – roughly 8,700 employees. Of those, 1,500 could lose their jobs altogether, according to shutdown contingency plans published by CDC’s parent agency, the Department of Health and Human Services.
“For those of us who are still working there, morale has never been lower, honestly,” AFGE Local 2883 Chairman Peter Farruggia told Fox 5 Atlanta as the shutdown began Oct. 1. “I have been furloughed today, and we don’t know how long this government shutdown will last.”
Having to work with a paycheck will put an additional strain on the federal correctional officers and staff who work in the 122 facilities operated by the Federal Bureau of Prisons, AFGE Local 1237 President Aaron McGlothin from FCI Mendota in California told Your Central Valley.
“Our staff do a very dangerous job. They put their lives on the line every single day working with these offenders and they don’t know when they’re going to get paid and when they’re going to be able to take care of their family and put food on their table,” McGlothin said.
Like other AFGE leaders, McGlothin called on lawmakers to come together and find a bipartisan solution to reopen the government.
“It’s on both sides of the aisle. They need to come together and find common ground because they forget about the people that are still doing the hard work on the ground and put their life on the line every single day,” he said.
Dear Member,
Like you, we've heard the reports of the White House considering withholding the backpay of federal employees furloughed during this government shutdown. This is clearly another attempt by this administration to bully and intimidate the federal workforce.
The frivolous argument that federal employees are not guaranteed backpay under the Government Employee Fair Treatment Act is an obvious misinterpretation of the law. It is also inconsistent with the Trump administration's own guidance from mere days ago, which clearly and correctly states that furloughed employees will receive retroactive pay for the time they were out of work as quickly as possible once the shutdown is over.
As we've said before, the livelihoods of dedicated federal workers serving their country in the federal government are not bargaining chips in a political game. It's long past time for these attacks on federal employees to stop and for Congress to come together and end this shutdown.
And make no mistake, we will challenge any effort to withhold the backpay of federal employees furloughed during this shutdown.
In Solidarity,
Everett Kelley
AFGE National President
You can reach ALL AFGE Local 1395 Executive Board Members via email @ exboard2025@afge1395.org
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