*
Judge rules White House personnel office lacks power to
order
firings
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Hundreds of NOAA staff notified they are being let go
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Remote US federal employees told to move to Washington
(Adds background grafs, details on firings at NOAA and IRS in
paragraphs 4-11)
By Dan Levine and Daniel Wiessner
SAN FRANCISCO, Feb 27 (Reuters) - A California federal
judge on Thursday temporarily blocked the Trump administration
from ordering the U.S. Department of Defense and other federal
agencies to carry out the mass firings of thousands of recently
hired employees.
U.S. District Judge William Alsup in San Francisco said
during a hearing that the U.S. Office of Personnel Management
lacked the power to order federal agencies to fire any workers,
including probationary employees who typically have less than a
year of experience.
Republican President Donald Trump and billionaire Elon Musk,
who oversees the so-called Department of Government Efficiency,
are spearheading an unprecedented effort to shrink the federal
bureaucracy, including through job cuts.
Those efforts have resulted in a fierce pushback from
Democrats, unions and federal workers, who argue the job cuts
are illegal and could compromise government functions.
Already, the administration has been forced to recall
some personnel in critical roles. But Trump has backed Musk to
the hilt and has
embraced Musk's goal
of slicing $1 trillion from the nation's $6.7 trillion
budget.
Budget experts say Musk, the CEO of SpaceX and Tesla
, is unlikely to reach his target by trimming jobs and
reducing waste and fraud, and may have to slash government
programs, including benefits.
On Thursday, hundreds of probationary workers at the
National Oceanic and Atmospheric Administration, which conducts
climate science, were notified they were being let go, according
to a source familiar with the situation.
Officials at NOAA did not respond to a request for
comment.
At the Internal Revenue Service, the head of the
agency's Transformation and Strategy Office, a group of 60
employees working on modernization efforts, told his team
Thursday there was a risk the whole office would be eliminated,
according a person briefed on the matter.
David Padrino, chief of the office, told his team that
he planned to resign effective a week from Friday, the person
said, adding that IRS executives have been told to brace for a
"drastic" cut to headcount in the coming weeks.
Meanwhile, OPM, the federal human resources agency, has
instructed at least two dozen of its own employees working
remotely that they
must relocate
to Washington in order to keep their jobs. They were given
until March 7 to decide.
WIDESPREAD HARM
In his ruling, Alsup ordered OPM to rescind a January 20
memo and a February 14 email directing agencies to identify
probationary employees who are not "mission-critical" and
terminate them.
Alsup said he could not order the Defense Department itself,
which is expected to fire 5,400 probationary employees on
Friday, and other agencies not to terminate workers because they
are not defendants in the lawsuit brought by several unions and
nonprofit groups.
But he suggested that the mass firings of federal workers
that began two weeks ago would cause widespread harm, including
cuts to national parks, scientific research, and services for
veterans.
"Probationary employees are the lifeblood of our government.
They come in at a low level and work their way up. That's how we
renew ourselves," said Alsup, an appointee of Democratic former
President Bill Clinton.
The White House and the U.S. Department of Justice did not
immediately respond to requests for comment.
The plaintiffs include the largest federal employee union,
the American Federation of Government Employees, four other
unions and nonprofits whose missions include advocating for
services for veterans and conservation of national parks.
'I DON'T BELIEVE IT'
The Trump administration has maintained that the memo and
email from OPM merely asked agencies to review their
probationary workforces and decide who could potentially be
terminated, and did not require them to do anything.
"An order is not usually phrased as a request," Justice
Department lawyer Kelsey Helland told Alsup during the hearing.
But the judge said it was unlikely that virtually every
federal agency independently decided to decimate its staff.
The judge specifically ordered OPM to communicate to the
Defense Department by Friday that its memo and email regarding
probationary employees are invalid. And it must give the same
message to other agencies including the National Park Service
and the Bureau of Land Management where staff cuts are likely to
impact the nonprofits involved in the lawsuit, Alsup said.
The ruling will be in place temporarily while Alsup
considers the legal challenge, which claims that OPM has no
power over the hiring and firing of federal employees, and that
its memo and email amounted to formal rules that can only be
adopted through a lengthy administrative process.
Agencies began mass firings of probationary employees
earlier this month. A second wave of mass layoffs targeting
career employees began this week and a White House memo issued
on Wednesday instructed agencies to submit plans by March 13 for
a "significant reduction" in staffing.
Unions have filed several other lawsuits challenging Trump's
efforts to reshape the federal workforce in the month since he
took office, but have already faced procedural hurdles in
pursuing them.