Shutdown Layoffs Off the Table: What the Union Settlement Requires Agencies to Do

The shutdown RIF settlement announced last Friday puts in writing something federal employees have been waiting to hear: agencies are pulling layoffs out of their shutdown plans. The unions that sued over the reductions in force (RIFs) issued during last fall's 43-day shutdown have settled with the administration. Here is what the settlement requires, what it does not do, and what you can do to help make sure it is followed.

What the Administration Agreed To

The Shutdown Layoff Guidance Is Rescinded

Within 30 days, OPM and OMB must tell agencies that the guidance treating layoffs as shutdown-exempt work is rescinded. That is the same guidance that said furloughed employees could turn on their government phones to check whether they had been laid off.

Layoff Language Comes Out of Shutdown Plans

Agencies must remove RIF language from their shutdown contingency plans. If an agency ever wants to put it back, it must give the unions 30 days' notice and post the plan publicly. The goal is simple: no more surprises in the middle of a shutdown.

How We Got Here

During last fall's shutdown, about 4,200 RIF notices went out to employees at agencies including Commerce, Education, HHS, Homeland Security, HUD, Treasury, and EPA. Before the shutdown began, OMB had told agencies to plan layoffs in programs it described as not consistent with the President's priorities.

Then came the pushback. A federal judge in San Francisco blocked the RIFs. Congress barred them in the bill that reopened the government. The notices were rescinded, and employees who had been separated were returned to their jobs. AFGE National President Everett Kelley described the settlement as the result of unions holding the line for employees who kept the country running without a paycheck.

Is This Final?

Not entirely. The lawsuit, AFGE v. OMB (N.D. Cal.), is paused, not dismissed, through the end of the year, and the unions can reopen it if shutdown layoffs are attempted again. The settlement also includes an exception for RIF work that a statute expressly authorizes. And the government is currently funded only through December 11.

How You Can Help Enforce It

• Check your agency's shutdown plan in about a month. Agencies post their contingency plans publicly. Once the 30-day window has passed, look for any remaining layoff language.
• Tell your union what you find. If RIF language is still there, send it to your union and ask about it. That is how a settlement gets enforced.
• Keep your records. If you received a shutdown RIF notice, keep the notice, the rescission, and any SF-50 documenting your reinstatement together.
• Mark December 11. That is when current government funding runs out.

Questions About a RIF Notice?

If you received a RIF notice, during a shutdown or otherwise, and are unsure of your rights, the federal employee lawyers at Southworth PC represent federal employees nationwide in RIF and MSPB matters.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.