Judge Expands Order to Protect More Federal Employees from Shutdown Layoffs

In response to ongoing disputes over federal employee layoffs during the government shutdown, U.S. District Judge Susan Illston has expanded a temporary restraining order to include more federal workers. This decision came during an emergency hearing in San Francisco, where the judge clarified that the order now protects employees represented by the National Federation of Federal Employees, the Service Employees International Union, and the National Association of Government Employees. Previously, the order only covered members of the American Federation of Government Employees and the American Federation of State, County and Municipal Employees.

The clarification was necessary after some agencies interpreted the original order as not applying to employees in bargaining units that the agencies no longer recognized following a March executive order. Judge Illston emphasized that the restraining order applies to any federal employee who is a member of the plaintiff unions, regardless of the agency's recognition status. She stated, "If an individual person is an employee of the defendant agencies and is a member of a plaintiff union ... they can't be RIFed."

Additionally, Judge Illston ordered federal agencies to provide an updated count of employees they intended to lay off during the shutdown and how many are now protected under the expanded order. Agencies are required to submit this information by noon Eastern Time on Monday.

The Department of Justice expressed concerns about the burden of compiling this information during the shutdown. However, Judge Illston responded, "The government has decided to do it this way. And that's why we're in this very awkward situation."

This development follows a series of legal challenges by federal employee unions against the administration's handling of layoffs during the shutdown. The expanded restraining order aims to ensure that more federal employees are protected from reductions in force during this period.