Posts tagged Merit Systems Protection Board
Trump’s mass probationary firings were illegal, judge concludes, but he won’t order re-hirings
September 17, 2025 // Normally, Alsup said, his findings would require the Trump administration to return all probationers to their jobs. He noted the Supreme Court has specifically rejected such relief, however, and “too much water has now passed under the bridge.” Some employees have found new jobs, while some agencies have engaged in reorganizations that have eliminated the roles altogether. “The terminated probationary employees have moved on with their lives and found new jobs,” Alsup said. “Many would no longer be willing or able to return to their posts.” Instead, the judge once again ordered agencies to, by Nov. 14, send letters to all fired probationary employees that state “you were not terminated on the basis of your personal performance.”
OPM calls for quicker firings, more stringent performance standards
June 25, 2025 // Don Kettl, professor emeritus and former dean of the University of Maryland School of Public Policy. “In the case of any downsizing in government, training is always the first to go. So is there going to be investment to try to make happen what they’re proposing?” The former HR official said the plan to reduce performance improvement plans to 30 days belies the overall memo as a “red herring.” “If you can’t articulate why someone’s failing and you only give them 30 days to show that they’re no longer failing, it becomes a procedural widget to sustain a termination,” they said. “[And] the Trump administration has done such a thorough job in the last five months cutting the balls off of unions—which is a mistake, because they help provide due process—and the Merit Systems Protection Board, the [Equal Employment Opportunity Commission] and [Office of Special Counsel], it’s going to be hard for current employees under these constraints to win anything.”
Backgrounder: Trump Civil Service Reform Proposed Rule
April 27, 2025 // On April 23, 2025, OPM proposed a new rule to improve accountability for federal career employees, especially those in policy roles. The rule implements President Trump’s Executive Order 14171, which he signed on his first day in office. Executive Order 14171 explicitly directed OPM to render civil service regulations implemented during the Biden administration inoperative, citing the President’s authority to manage the executive branch. Among other things, the rule would create a new job category called Schedule Policy/Career in the excepted service for policy-influencing positions, making them at-will employees and, therefore, meaningfully accountable for their performance and conduct.
Unions Form Pro Bono Legal Network for Federal Workers Targeted by Trump
April 16, 2025 // “We knew there would be a lot of quick and valiant legal work in the federal courts, but we knew there was a chance you’d have to go to the employee agencies to protect the workers’ rights,” Deborah Greenfield, the network’s executive director, said in an interview. One challenge for the network and their potential clients is that some of these bodies, like the National Labor Relations Board, are themselves in a state of limbo as courts weigh whether Mr. Trump has the power to fire appointed board members.
US Supreme Court clears way for Trump to remove two Democratic members of labor boards for now
April 10, 2025 // Trump's efforts to remove Harris have threatened to leave the board without a two-seat quorum - making it unable to decide cases - after the term of Democratic member Raymond Limon expired on February 28. In ruling in favor of Harris, Contreras said the statutory protections for board members from being removed without cause conform with the Constitution in light of a 1935 Supreme Court precedent in a case called Humphrey's Executor v. United States. In that case, the court ruled that a president lacks unfettered power to remove commissioners of the U.S. Federal Trade Commission, faulting then-President Franklin Roosevelt's firing of an FTC commissioner for policy differences.
Union sues DHS to protect TSA screeners’ collective bargaining rights
March 18, 2025 // The lawsuit accuses the Trump administration of violating the Administrative Procedure Act’s prohibition on “arbitrary and capricious” decision-making, as well as breaching their contractual obligations under the 2024 collective bargaining agreement and in so doing, violating union members’ due process rights under the Fifth Amendment. The union also brings a First Amendment claim, arguing that the Trump administration’s decision to revoke TSA screeners’ collective bargaining rights was in retaliation for the union’s other lawsuits against the executive branch, most notably their challenge of the mass firing of probationary workers across government. A federal judge on Thursday issued a preliminary injunction in that case, requiring agencies to reinstate tens of thousands of improperly terminated workers.
US Labor Department reinstates more than 100 workers targeted in Trump job cuts, union says
March 10, 2025 // Trump on Thursday, though, said while it was “very important that we cut levels down to where they should be,” agencies should use a “scalpel” rather than a “hatchet” for job reductions. A day earlier, the Merit Systems Protection Board ordered the U.S. Department of Agriculture to temporarily reinstate nearly 6,000 probationary employees, while the board considers a challenge to their firing.
Elon Musk’s Doge accused of ‘illegal’ job posting by federal workers’ union
January 29, 2025 // Government vacancy announcements are typically required to include key information around pay, security requirements, qualifications, and the number of available roles, according to the office of personnel management. The Doge page does not contain such details. It includes a brief paragraph explaining that it is looking to hire “world-class talent to work long hours identifying/eliminating waste, fraud, and abuse”, and a form to submit personal details. A checkbox indicates the roles are based in Washington DC, and available only to US citizens.
Union arbitrators are protecting truly awful government employees
October 10, 2022 // Federal personnel challenges go beyond the civil service system. Federal unions are also a big part of the problem. The government was not supposed to operate this way. Congress expressly directed agencies not to tolerate misconduct and to fire poor performers. The Civil Service Reform Act of 1978 even made these directives “Merit System Principles.” But agencies come nowhere close to upholding these principles. Barely a third of federal employees say their agencies remove employees whose performance is persistently poor. Half report poor performers stay on the job and continue to underperform.
Do arbitrators go easy on federal employees who challenge being fired?
October 4, 2022 // So in the federal sector, if you’re represented by a union, you have an option if your agency tries to fire you. you can appeal to the Merit Systems Protection Board what we think of as these standard civil service protections. But you can also file a grievance under your union contract, it’s an either or you can’t do both. But if you choose to, you can file a grievance under the union contract, and your union can bring that instead to an arbitrator. Generally, these are private contractors, they work with the private sector unions, with the private companies with nothing to do with unions, as well as with the the federal workforce, there’s a master roster, maintained by the Federal Mediation Conciliation Service, and the contracts pretty much all say, you’ll get a list of names from this master roster, people strike names to union agency until one guy’s left. That guy then is the arbitrator.