I can't help but wonder why Trump appears to be in SUCH a hurry to burn everything down. So much so that he can't be bothered to do things the proper way so that he is obtains the results he wants, or in the very least, not have so many irons in the fire that it bogs down our government and prevents people from doing the work that they were hired to do.
UNLESS this is just a tactic.
When a federal employee is a member of a union, their termination must comply with the terms set forth in the Collective Bargaining Agreement (CBA) between the union and the federal agency. These agreements outline just cause protections, due process rights, and grievance procedures that must be followed before an employee can be fired.
Key Protections Under Federal Union CBAs:
- Just Cause Standard:
- Most CBAs prohibit arbitrary or politically motivated firings.
- The agency must provide documented reasons for termination, often including a progressive discipline process before outright dismissal.
- Due Process Rights (5 U.S.C. § 7513 & § 7121):
- Federal employees cannot be fired without due process.
- They are entitled to notice, a chance to respond, and an appeal process through the Merit Systems Protection Board (MSPB) or their union’s grievance procedure.
- Union Representation in Disciplinary Actions:
- Employees have a right to union representation (Weingarten Rights) during disciplinary meetings.
- The union can challenge unfair terminations through arbitration or legal action.
- Grievance and Appeal Rights:
- Federal employees covered by a CBA can challenge their termination through a grievance process instead of (or in addition to) an MSPB appeal.
- Many unions arbitrate wrongful termination cases, and arbitrators have the power to reinstate employees and award back pay.
How This Applies to Trump's Firings:
If Trump’s administration is firing federal employees who are union members, those dismissals must comply with their CBA protections. If the firings are politically motivated or related to retaliation against DEI programs, unions can file lawsuits and grievances to block the terminations.
Current Union Legal Actions Against Firings:
- The National Treasury Employees Union (NTEU) has already filed a lawsuit challenging the reclassification and firing of federal workers, arguing it violates the Civil Service Reform Act and their collective bargaining rights. (theguardian.com)
- The American Federation of Government Employees (AFGE) is also preparing legal challenges against mass firings. (marketwatch.com)