Important Updates on CA & MD Mass Firing Cases Affecting Probationary Employees
 
We want to share with you significant updates in the two main cases ordering agencies to reinstate certain probationary employees who were mass fired. Yesterday, in the California case, the Supreme Court granted the administration’s request to stop the reinstatement order from taking effect until the merits of the case have been resolved. Today, in the Maryland case, the appeals court issued a similar order granting the administration’s request for a stay pending resolution of the government’s appeal.  

California Case

• The California judge ordered the reinstatement of probationary employees at several NTEU-represented agencies, including Treasury, Energy, Interior and Agriculture. In response to that order, agencies put covered probationary employees on administrative leave, and some began the process of bringing employees back to work as soon as next week.
   
• Unsurprisingly, the administration immediately appealed the judge’s order. It asked for an “administrative stay” – or hold – on reinstatement while the appeal is pending.
   
• Yesterday, the Supreme Court granted the administration’s request for a stay. In its order, the Supreme Court suggested that the non-union plaintiffs like the Coalition to Protect America’s National Parks (challenging the mass termination of National Park Service employees) lacked “standing” to bring the case on behalf of probationary employees. The Court’s order did not say anything, however, about the union plaintiffs.

Maryland Case

• The Maryland judge ordered the reinstatement of all probationary employees at several NTEU-represented departments and agencies, including Treasury, HHS, Energy, EPA, CFPB, FDIC, Interior and Agriculture.
   
• Soon after issuing that reinstatement order, the Maryland judge narrowed the order to only cover probationary employees who either reside in or work in one of the 19 plaintiff states or Washington, D.C. The nineteen plaintiff states are: AZ, CA, CO, CT, DE, HI, IL, MD, MA, MI, MN, NV, NJ, NM, NY, OR, RI, VT, WI.
• As in California, the administration immediately appealed the Maryland judge’s order. It also asked to put a hold on the reinstatement order while the appeal is pending.
   
• Today, the Fourth Circuit Court of Appeals, in a 2-1 decision, granted the administration’s request for a stay. The dissenting judge rejected the majority’s rationale for the stay, saying that the government violated a clear statutory duty owed to the plaintiff states. The dissent also rejected the administration’s argument that the states’ case should be brought before the Merit Systems Protection Board.

What these orders mean: The government may – but is not guaranteed to – continue the reinstatement of the thousands of covered probationary employees while the merits of the reinstatement orders are litigated before the circuit courts. Remember: if given an order or direction from your agency, you must comply with that order.
 
Our fight for all probationary employees continues. Like NTEU’s Mass Firing Case, the California and Maryland cases must still be litigated on the merits. Lawsuits are often long and procedurally complicated, especially when litigating against the federal government. Many things can happen before a final resolution is reached in these cases. Know that NTEU will be standing beside you and fighting with you at every step. 
 
We will continue to keep you informed about updates.