Free Republic

Early on, I followed three recent decisions in other district courts holding that claims brought by public-sector unions concerning federal employee terminations had to be channeled through the Merit Systems Protection Board and/or the Federal Labor Relations Authority and therefore the district court had no subject-matter jurisdiction over those claims, although I accepted subject-matter jurisdiction over claims by the organizational plaintiffs. After further briefing, however, this order holds that the district court does have subject-matter jurisdiction over these claims by public-sector unions and that my earlier ruling to the contrary was mistaken.

“The words that I give you today should not be taken as some kind of wild and crazy judge in San Francisco has said that the administration cannot engage in a reduction in force. I’m not saying that at all,” Alsup noted as he issued his ruling. “Of course, if he does, it has to comply with the statutory requirements: the Reduction In Force act, the Civil Service Act, the Constitution, maybe other statutes,” the judge continued. “But it can be done.”

A federal judge on Thursday ordered federal agencies to reinstate tens of thousands of probationary employees who were fired amid President Donald Trump’s turbulent effort to drastically shrink the federal bureaucracy. U.S. District Judge William Alsup described the mass firings as a “sham” strategy by the government’s central human resources office to sidestep legal requirements for reducing the federal workforce. Alsup, a San Francisco-based appointee of President Bill Clinton, ordered the Departments of Defense, Treasury, Energy, Agriculture and Veterans Affairs to “immediately” offer all fired probationary employees their jobs back. The Office of Personnel Management, the judge said, had made...

March 13 (Reuters) - A California federal judge on Thursday ordered six U.S. agencies to reinstate thousands of recently-hired employees who were fired as part of President Donald Trump's purge of the federal workforce. The ruling made by U.S. District Judge William Alsup during a hearing in San Francisco applies to the U.S. Department of Defense, Department of Veterans Affairs, Department of Agriculture, Department of Energy, Department of Interior and the Treasury Department.