Federal Judge George O’Toole, from Boston (Massachusetts) has rejected to suspend a program of incentive casualties aimed at the federal administration officials. The plan is part of the president’s efforts, Donald Trump, and his ally Elon Musk to drastically reduce the number of federal employees, so that the decision is a triumph for them. In addition to those incentive casualties, Trump has ordered federal departments and agencies to prepare to undertake large -scale layoffs.
Judge O’Toole had extended the deadline for federal employees to decide whether they were accepted to the offer, which consists of continuing to pay the officials eight months of salary and benefits if they left their positions in the administration. Some 75,000 workers have accepted the deferred resignation plan, according to the White House.
Several unions resorted to the offer, claiming their dubious legality and the absence of authorization of budget items to deal with committed payments. The judge precautionaryly suspended the end of the deadline, which he was going to defeat last Thursday. “The program remains open to resignations,” the Personnel Management Office (OPM) announced, which claimed that it intended to close new participants as soon as it was legally possible. This Wednesday, in a five -page resolution, the judge concludes that the unions that challenged the offer, called Fork in the Road (crossroads on the road) had no legitimation to do so.
“The plaintiffs are not directly affected by the directive,” says the judge in their resolution. “However, they allege that the directive submits them to side effects, such as the deviation of resources to answer the questions of the members about the directive, a possible loss of members and a possible damage to the reputation. The unions do not have the direct interest required in the Fork Directive, but they are challenging a policy that affects others, specifically the employees of the Executive Power. This is not enough, ”says the judge.
Judge O’Toole, appointed by Democrat Bill Clinton, issued a precautionary suspension of the deadline to benefit from the elevated low plan while analyzing the case. Finally, it is not pronounced on the bottom of the matter, but on the legitimation of the recurring, so that it does not enter to analyze the legality of the measure.
The Personnel Management Office (OPM) sent federal employees an email on January 28 in which it detailed its plans for the public function. In it, he recalled that Trump issued a series of decrees in which he demanded that employees return to face -to -face work, restored the responsibility of employees with authority to prepare policies, restored the responsibility of the senior career executives and reformed the hiring process federal. “As a result of the previous orders, the reform of the federal staff will be significant,” said the message.
Face -to -face work
The message established as one of the pillars of the new policy the return to the office. The vast majority of federal employees who have been working at a distance from the pandemic must return to their physical offices five days a week. In addition, he pointed out that these offices would regroup, which could lead to the relocation of several of them for federal workers.
A new “culture of performance” was also announced with higher demands and norms of behavior. “Employees incurring illicit behaviors or other behavior offenses will be prioritized for appropriate investigation and discipline, including dismissal,” said the message. At the same time, it was notified that most federal agencies are probable to be reduced through restructuring, realignments and reductions of personnel.
From there, two alternatives opened: stay or leave. “If he decides to remain in his current position, we thank him for his renewed commitment to serve the American people as best he can and hope to work together as part of an improved federal workforce. At this time, we cannot guarantee the security of your position or agency, but if your position is eliminated, it will be treated with dignity and the protections established for said positions will be granted, ”said the email.
“If you decide not to continue in your current position in the federal staff, we thank your service to your country and a decent and fair exit of the federal government will be provided through a deferred renunciation program,” said the second alternative, for which It offered a renunciation letter model. The program entered into force on January 28 and was available for all federal employees. Those who resign, will retain all salary and benefits until September 30, 2025.
The program extended to full -time employees, except for military personnel, postal service employees, which occupy positions related to the application of immigration legislation and national security, who occupy positions related to public safety and those who occupy other positions specifically excluded by each agency.
“Large Scale” layoffs
Apart from that incentivized low plan, Trump approved a decree on Tuesday aimed at significantly reducing the size of the administration and limiting hiring to essential positions. According to their text, the agencies may hire a maximum of one employee for every four workers who leave their departments, according to the document. Exceptions are made for positions in the areas of citizen and national security, immigration and public security.
The rule orders those responsible for the agencies “undertake without delay the preparations to initiate large -scale personnel reductions.” The cuts will initially focus on offices that perform functions not expressly required by laws, including all initiatives for diversity, equity and inclusion and those not aimed at providing essential services.
In addition, the decree gives a period of 30 days to the heads of departments and agencies to present a report that identifies the laws that justify its existence. The report must analyze whether the agency or any of its subcomponents must be eliminated or consolidated.
