Additional labor unions added to lawsuit challenging administration’s move to fire workers during shutdown 

San Francisco, CA – A federal court has extended its order barring the Trump administration from firing federal workers because of the government shutdown as litigation filed by labor unions proceeds.

During a hearing Oct. 28 before Judge Susan Illston of the U.S. District Court for the Northern District of California, attorneys for the unions argued that the administration violated the law by threatening to fire federal workers furloughed because of the shutdown and ordering employees to work unpaid during the shutdown to carry out the mass terminations. The unions are represented by Democracy Forward, Altshuler Berzon LLP, and Democracy Defenders Fund.

Judge Illston granted the unions’ request for a preliminary injunction that will prevent the administration from issuing reductions-in-force or implementing those already filed during the shutdown. The injunction continues the temporary restraining order the judge previously issued. 

The American Federation of Government Employees (AFGE) and the American Federation of State, County and Municipal Employees (AFSCME) initially filed the lawsuit on Sept. 30. The lawsuit has since been expanded to include employees represented by the National Federation of Federal Employees (NFFE), the National Association of Government Employees (NAGE), the Service Employees International Union (SEIU), the National Treasury Employees Union (NTEU), the American Federation of Teachers (AFT), and the International Federation of Professional and Technical Engineers (IFPTE).

Every Cabinet department and 24 independent agencies are included in the lawsuit. Programs, projects, or activities (PPAs) that include any bargaining unit or member represented by a plaintiff union within these agencies are covered by the lawsuit.

“President Trump is using the government shutdown as a pretense to illegally fire thousands of federal workers – specifically those employees carrying out programs and policies that the administration finds objectionable. We thank the court for keeping in place its order preventing the administration from firing workers due to the shutdown while we continue our litigation in court,” said AFGE National President Everett Kelley.

“Today’s ruling is another victory for federal workers and our ongoing efforts to protect their jobs from an administration hellbent on illegally firing them,” said AFSCME President Lee Saunders. “Unlike the billionaires in this administration, public service workers dedicate themselves to serving their communities. These attempted mass firings would devastate both the workers and the people they serve. We will keep fighting to protect public service jobs against this administration’s unlawful efforts to eliminate them.”

“Firing federal workers during a government shutdown is as cruel as it is unlawful,” said SEIU Executive Vice President Heather Conroy. “This administration has made clear whose side it’s on, siding with billionaires over working people time and time again. Federal workers serve our communities in good times and bad, without a political agenda. We are proud to unite with other federal worker unions to fight for workers to be reinstated, compensated, and respected. Together we will hold this administration accountable for putting ideology ahead of workers and the communities they serve.”  

“Today, the court acknowledged that federal workers and the people they serve are always the ones hurt when the government shuts down,” said AFT President Randi Weingarten. “President Trump and his allies have decided to prolong the healthcare emergency they created in July and then—rubbing salt into the wound—illegally fire tens of thousands of federal employees in a callous act of political retribution. It shows their complete and utter contempt for the workers who’ve dedicated their careers to helping their fellow Americans. That’s why the court decided to hold the administration accountable for its blatantly unconstitutional actions.”

“NFFE is proud to fight for federal workers alongside our fellow unions and allies, and we are glad to see the court has affirmed our belief that the Trump Administration’s firings of civil servants are illegal and reckless,” said NFFE National President Randy Erwin. “There is no justification for the cruel dismissal of federal employees during this shutdown – public servants who have endured far too many threats, attacks, and a hostile environment from day one since President Trump returned to office. It is unconscionable that the White House would use this manufactured government shutdown to further undermine the civil service and the essential public services the American people depend on every single day. We look forward to the courts further strengthening the job security of our members and federal workers across the country as this shutdown drags on.”

“The court’s decision brings relief to thousands of federal workers and their families who have spent weeks fearing for their jobs,” said NAGE National President David J. Holway. “Employees have already gone without pay and faced the added stress of possible termination. This decision allows them to take a breath and know they will not lose their jobs in the middle of a shutdown they did not cause. While this is not the final outcome, it gives workers and their families peace of mind and shows that the courts recognize the seriousness of what they are facing. NAGE stands firmly with our union partners and every federal worker impacted by this shutdown. Federal employees are public servants who deserve stability and respect. This ruling is a step toward ensuring they are treated fairly under the law.”

“This federal court decision is the result of organized labor standing together and leading the fight against the administration’s unprecedented, politicized, and unlawful attack on federal workers’ rights. This is not only a win for the dedicated federal workforce who make up our nonpartisan civil service, but a victory for the American people and the public services our communities and our economy count on,” said IFPTE President Matt Biggs. “Even during a government shutdown, this administration and OMB Director Vought sought to break the law by engaging in mass layoffs that Congress has not provided funding to carry out. When our opponents seek to divide, demoralize, and defeat us, we will stand united and utilize every resource to protect IFPTE members, our democratic institutions, and the public interest.”

“The administration’s plan to use the government shutdown as an excuse to conduct ill-advised layoffs of federal employees around the country has successfully been blocked by a federal judge. NTEU and the coalition of federal employee unions are standing together to protect the nonpartisan civil servants who have dedicated their careers to serving the American people, and this preliminary injunction is an important step in the fight. In every state, frontline federal workers are missing paychecks and struggling to make ends meet, and this court order guarantees that their job won’t be eliminated while they wait for Congress and the administration to reopen government,” said NTEU National President Doreen Greenwald.

“This order is positive for the American people and a major blow to the Trump-Vance administration’s unlawful attempt to make the Project 2025 playbook a reality by targeting our nation’s career public servants, who work for all Americans,” said Skye Perryman, President and CEO of Democracy Forward. “Our team is honored to represent the civil servants who are fighting back against President Trump’s dangerous agenda, and to have won this crucial injunction that will help stop federal workers from continuing to be targeted and harassed by this administration during the shutdown.”

“Nothing about these shutdown RIFs is lawful. This administration cannot use federal employees as pawns in service of its partisan retribution. It cannot lawfully justify these terminations based on a lapse in funding. The Department of Justice has no defense other than a now tired playbook of procedural roadblocks,” said Danielle Leonard, Altshuler Berzon LLP. 

“Federal employees shouldn’t be treated by the administration as if they are bargaining chips,” said Ambassador (ret.) Norm Eisen, executive chair of Democracy Defenders Fund. “The law flatly prohibits these mass firings, and the court’s orders to date have reflected that. We are hopeful that it will continue. The integrity of civil service, and faith in the rule of law itself, depend on enforcing the rule of law. We’re proud to stand with the unions and advocates in this coalition fighting to defend those principles.”

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The American Federation of Government Employees (AFGE) is the largest federal employee union, representing more than 800,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center. 

AFSCME’s 1.4 million members provide the vital services that make America happen. With members in communities across the nation, serving in hundreds of different occupations — from nurses to corrections officers, child care providers to sanitation workers — AFSCME advocates for fairness in the workplace, excellence in public services and freedom and opportunity for all working families. 

SEIU unites 2 million diverse members in the United States, Canada and Puerto Rico. SEIU members working in the healthcare industry, public sector and property services believe in the power of joining together on the job to win higher wages and benefits and to create better communities while fighting for a more just society and an economy that works for all of us, not just corporations and the wealthy. Learn more at www.seiu.org 

The AFT represents 1.8 million pre-K through 12th-grade teachers; paraprofessionals and other school-related personnel; higher education faculty and professional staff; federal, state and local government employees; nurses and healthcare workers; and early childhood educators. 

Established in 1917, the National Federation of Federal Employees is America’s first union representing civil service federal employees.  NFFE represents approximately 110,000 federal employees in 35 departments and agencies governmentwide. NFFE is affiliated with the International Association of Machinists and Aerospace Workers, AFL-CIO. For more information, go to www.nffe.org. 

The National Association of Government Employees (NAGE) represents over 125,000 public and private sector workers across the country, including 75,000 Federal employees. Individuals who work tirelessly to keep our communities running; from keeping the lights on and water clean, highways safe, and State & Federal Governments running, to providing essential EMS care and community protection services, NAGE members set the standard of service. For more information, please visit nage.org 

Founded in 1918, the International Federation of Professional and Technical Engineers (IFPTE) is a labor union representing more than 90,000 workers across North America, including upwards of 30,000 federal workers. For more information, go to ifpte.org.  

NTEU represents employees in 38 federal agencies and offices. 

Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org  

Altshuler Berzon LLP is a law firm dedicated to providing the highest quality representation in the service of economic justice and the public interest. Altshuler Berzon specializes in labor and employment, constitutional, environmental, civil rights, class action, campaign and election, and impact litigation at both the trial and appellate levels. 

Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.