Judge Expands Shutdown RIF Protections for Union Members
federal employment mindfulness at work mspb appeals rifs union rights Oct 20, 2025There’s a major update out of federal court—and it affects thousands of you navigating the shutdown’s uncertainty. On Friday, Judge Susan Illston expanded and clarified the Temporary Restraining Order (TRO) halting shutdown-related Reduction in Force (RIF) actions. The order now protects even more federal employees across multiple unions.
Who’s Covered Now—and Why It Matters
The TRO originally applied to employees represented by AFGE and AFSCME. It now explicitly shields members of NFFE, SEIU, and NAGE as well. Judge Illston made clear that membership matters, even if your agency claims your bargaining unit was “de-recognized” under the March executive order. If you are a member of one of the plaintiff unions and your agency is named in the case, you are covered.
This clarification is crucial. Agencies like HHS had argued that employees from de-recognized units weren’t protected. The court flatly rejected that interpretation, reaffirming that individual union members are entitled to protection under the TRO.
Agencies Pushed Back—The Court Drew the Line
At the Department of the Interior, leadership told the court it planned to “imminently abolish positions in 68 competitive areas,” arguing those RIFs were planned before the shutdown and therefore exempt. Judge Illston disagreed. Her ruling leaves no room for ambiguity: no RIFs involving covered employees may proceed during the shutdown.
The judge also directed agencies to provide detailed reporting—specifically, how many employees they intended to remove and how many are now shielded under the expanded order. When the Department of Justice complained that this was too burdensome during a shutdown, the judge reminded them that the burden exists because the government chose to proceed with the RIFs.
What You Should Do Now
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Preserve Evidence. Save all communications about RIFs—emails, letters, envelopes, screenshots.
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Document Misstatements. If you’re told your bargaining unit “isn’t recognized,” write down who said it and when. The court has said members remain covered.
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Stop RIF Work. Do not process or assist with RIF actions during the shutdown; the TRO prohibits it.
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Stay Organized. Mark your deadlines anyway, and immediately notify your union and counsel of any developments.
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Interior Employees: Report what’s happening in those 68 competitive areas—the data matters for enforcement.
Staying Grounded and Informed
For now, this ruling gives breathing room—and a reminder that lawful process still matters, even in crisis. Take a moment to pause, breathe, and let your mind settle before diving back into the swirl of updates. Steady focus is your best ally when the rules keep shifting.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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