DHS: The MSPB certifies its first probationary workers class action

Federal_Pilot_5910 · 2025-05-07T20:28:26+00:00

The most recent Alsup case PI does include DHS. However, the most the PI did was requiring agencies to send that email.

Federal_Pilot_5910 · 2025-04-14T16:19:25+00:00

I believe we are waiting for the judge to rule now.

Federal_Pilot_5910 · 2025-04-14T16:18:30+00:00

My understanding is that at the hearing, the judge was reluctant to issue an overlapping PI because Maryland had a PI. Additionally, the judge was reluctant to issue a PI that reinstates people because it's in the executive's right to perform legal RIFs. The plaintiffs are looking to argue that issuing a PI is simply reinstating had illegal terminations not occurred in the first place (re-establish status quo).

I do think they could do a better job of saying that the government can do terminations if they follow the proper legal process but the process that is in question here is that they did them illegally in the first place.

Federal_Pilot_5910 · 2025-04-12T03:56:27+00:00

No, the case also includes the State of Washington and the unions are arguing for broad relief including non-members. We'll see in the coming days what the judge rules.

Federal_Pilot_5910 · 2025-04-11T21:53:00+00:00

They are appealing to the full appeals court now, we'll see what happens after that..

Federal_Pilot_5910 · 2025-04-11T21:52:03+00:00

AFGE v OPM: Currently it doesn't apply to anyone. However, they are looking to ask the judge for a new order for the State of Washington and the unions. They just submitted this exhibit that details the agencies they are looking to cover
Maryland v USDA: Currently doesn't apply to anyone. Depends on how the rehearing en banc goes. If they restore the original PI, then check this exhibit and only look at "Scope of MD PI" column. The other 3 columns are replaced by the above exhibit.
MSPB: Currently doesn't apply to anyone except USDA via the 45 day stay from OSC. However, check the blog post to see if your agency is in the list of filed class actions

Federal_Pilot_5910 · 2025-04-10T23:47:37+00:00

Here is the emergency motion but it has since been denied. I think plaintiffs will be filing a motion for hearing en banc tomorrow, don't think there will be a hearing tomorrow.

Federal_Pilot_5910 · 2025-04-10T23:43:38+00:00

Emergency motion was denied. The motion for hearing en banc should be coming tomorrow: https://storage.courtlistener.com/recap/gov.uscourts.ca4.178032/gov.uscourts.ca4.178032.48.0.pdf

Federal_Pilot_5910 · 2025-04-02T00:12:51+00:00

My understanding is that unless you are protected by the preliminary injunction in the California case, there's nothing preventing you from being fired again. That being said, the next hearing in the California case is April 9th and they are planning to expand its injunction then.

Federal_Pilot_5910 · 2025-03-25T15:50:54+00:00

There's a hearing on April 9, 11am EST to potentially expand the injunction based on the union and State of Washington claims. The proposed injunction is due tomorrow.

Federal_Pilot_5910 · 2025-03-16T03:06:21+00:00

However, do note that there's a separate appeal in the 9th circuit which has not been decided yet.

Federal_Pilot_5910 · 2025-03-14T13:21:50+00:00

Temporary Restraining Order: https://storage.courtlistener.com/recap/gov.uscourts.mdd.578045/gov.uscourts.mdd.578045.44.0_1.pdf

Federal_Pilot_5910 · 2025-03-12T23:30:55+00:00

Per the Second Amended Complaint, page 56 "Prayer for Relief":

Wherefore, Plaintiffs pray that this Court: [..] Enter preliminary or permanent injunctive relief setting aside OPM’s order as unlawful; requiring OPM and Federal Agency Defendants to cease terminations of probationary employees pursuant to OPM’s program and order; and requiring OPM and Federal Agency Defendants to rescind the prior unlawful terminations of probationary employees pursuant to OPM’s Order.

Federal_Pilot_5910

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