Federal union sues OPM, seeking release of βSchedule Policy/Careerβ records
The National Treasury Employees Union is suing the Trump administration in an attempt to gain records of career federal employee positions that may be targeted for removal of job protections.
NTEUβs lawsuit, filed last week against the Office of Personnel Management, alleged that OPM violated the Freedom of Information Act by not responding to the unionβs FOIA request from August. The union had requested documentation of employees who will be potentially impacted by the Trump administrationβs βSchedule Policy/Careerβ order, which seeks to make tens of thousands of career federal employees at-will workers and easier for agencies to fire.
βThe government cannot hide information that is critical to safeguarding workplace rights and protections for frontline federal employees in multiple agencies across the country,β NTEU National President Doreen Greenwald said in a statement. βWe expect OPM and the administration to identify as soon as possible which federal jobs are being targeted so we can do everything we can to stop the reclassifications.β
Under federal statute, agencies are required to respond to FOIA requests within 20 days. In βunusual circumstances,β that timeframe can be extended for an additional 10 days.
But NTEU said in its lawsuit that OPM has not responded to the FOIA request at all, and that the time period for responding has lapsed. NTEU submitted its initial FOIA request on Aug. 20.
βThere is no legal basis for OPMβs failure to respond to NTEUβs request or for its failure to produce the requested records within the statutory time period,β NTEU wrote.
The federal union is arguing that OPMβs failure to respond to the FOIA request is unlawful, and calling for a release of the requested records.
An OPM spokesperson did not immediately respond to Federal News Networkβs request for comment.
NTEUβs push for information comes after President Donald Trump in January signed an executive order to revive the federal employment classification previously known as βSchedule F.β Though it is now called βSchedule Policy/Career,β the effort mirrors a former executive order from Trumpβs first term that sought to remove job protections from broad swaths of the career federal workforce.
OPM proposed regulations for implementing the new employment classification in April. Although the regulations are not yet finalized, they have been moved into the βfinal rule stage,β and are slated for possible publication by the end of November, according to the White Houseβs regulatory agenda.
The White House website states that the final rule will impact βpolicy-influencing positionsβ and that the ruleβs implementation will βincrease career employee accountability.β
All federal positions that are reclassified as βSchedule Policy/Careerβ will become at-will, and employees will no longer be able to appeal adverse actions against them.
βThis will allow agencies to quickly remove employees from critical positions who engage in misconduct, perform poorly, or obstruct the democratic process by intentionally subverting Presidential directives,β OPM states in the regulatory agenda item.
The Trump administration has generally argued that the reclassifications will hold federal employees more accountable and provide more flexibility to agencies. But federal unions, as well as many lawmakers and workforce experts, have said reclassifying employees in this way will lead to politically motivated firings, and an erosion of the apolitical nature of the career civil service.
Earlier this year, OPM also published guidance to set initial expectations for agencies to implement the Schedule Policy/Career employment classification. The guidance targets a wide range of federal positions that may be subject to reclassification.
OPM has estimated that about 50,000 career federal employees in βconfidential, policy-determining, policy-making, and policy-advocatingβ positions will be reclassified as a result of Trumpβs order. But OPMβs latest estimate is on the lower end of the scale: Documents from Trumpβs first term showed that around 200,000Β career federal positions could have their job protections stripped.
NTEU previously sued the Trump administration in January after the initial Schedule Policy/Career executive order was released. The first lawsuit alleges that Trumpβs order violates established federal hiring principles and the due process rights of federal employees.
Combined, Greenwald said the two lawsuits from NTEU βare about making sure that the American people have their government services delivered by federal employees who were hired based on merit and skill, not partisan affiliation.β
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Β© Drew Friedman/FNN