Second union files lawsuit over executive orders

The National Treasury Employees Union has become the second federal employee union to challenge the president’s recent executive orders targeting federal employees.

NTEU on May 30 filed a lawsuit challenging two of the three executive orders issued by President Trump on May 25.

“The president cannot unilaterally change federal law,” NTEU president National President Tony Reardon said in a statement.

NTEU contends that executive orders — “Ensuring Transparency, Accountability, and Efficiency in Taxpayer Funded Union Time Use” and “Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles”— are unlawful because they conflict with the Civil Service Reform Act.

CSRA states that a union and an agency should negotiate for official time that is “reasonable, necessary and in the public interest,” and it does not impose limits on its use, according NTEU.

In addition, the union believes that the executive order addressing the removal of federal employees, violates chapter 43 of the CSRA because it calls for a performance improvement period of no more than 30 days but the law requires a reasonable period of time before removal and also considers the type of job and the nature of the alleged poor performance involved.

The lawsuit, which names President Donald Trump and Office of Personnel Management Director Jeff Pon as defendants, asks for these provisions in the two orders to be struck down.

“The idea that these executive orders will make the workforce more efficient, cost-effective to taxpayers and improve the morale of federal employees is absurd,” Reardon said, adding, “Any organization’s success is dependent on a workplace where employees feel valued and respected, and the president’s orders show that in his administration federal workers are neither.”

The American Federation of Government Employees filed its own lawsuit in federal district court just as well.

Reader comments

Tue, Jun 5, 2018 Rachel Cincinnati, OH

Once someone has received a PIP, 30 days (that's not working days, that's DAYS according to Trumper) is not long enough to evaluate whether someone's job performance has improved. I mean, imagine if someone got a PIP on December 15 and had 2 weeks of annual leave signed for 6 months prior to go visit their kids across the country. We're talking about a week and a half of performance evaluation? It's just not enough time to evaluate. It needs to be 60 days, minimum. Probably 90.

Tue, Jun 5, 2018 steveB

Luckly I do really enjoy my job. Been at my government position for almost 30 years 24/365 year. I've witness many many poor performer in my time Never a one fired even after going through all counseling and reprogramming. Managerment middle or the top is a joke.It's the classic trickle down effect. Us lower GS or WG workers suffer the effects of continuing really terrible management decisions The government owns us nothing except a fair hourly pay for a 40 Hr week nothing more nothing less It's your basic work ethic that comes into play here. Yes my salary could be more or I could be working for some cartel facing a lot more danger. So I do the best I can do everyday and minitmize my bitching. Managerment doesn't care swat. So I agree with much of what the Donald is trying to do with issue. But he needs to go to the top where no union is involve and start cutting management positions. Accountability doesn't necessary mean advancement at lease with the government

Tue, Jun 5, 2018

Says who? I do, and I do so with 21 years of federal employment and legal knowledge of the federal system. I also say it with almost 10 years of working in my swampy DC federal office. And I say with all certainty that working under the current administration is far better than any of the previous four administrations, most especially the last one!

Mon, Jun 4, 2018 Sam USA

Reality 101: No one wants to work for the US government today and they cannot fill all the vacaincies they have with Qualified workers. Border Partol has 3.900 openings. VA hospital has 49,000 openings. Every agency has thousands of openings that they cannot find Qualified people to fill, and yet all Trump is concerned about is making it easier to fire workers.

Mon, Jun 4, 2018

Says who? You? Why are you so legally knowledgeable and how does your response even come close to what is being argued in the courts let alone what reasonable work place changes are needed to make it a "Great" place to work. Have you been a federal employee under the current administration? You would have some credibility having worked in a DC federal office for the last 5 to 10 years.

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