Two unions representing federal employees filed a complaint in federal court on Wednesday arguing that U.S. President Donald Trump "illegally exceeded his authority" by attempting to roll back Biden-era worker protections when he implemented his "Schedule F" executive order, a measure aimed at removing job protections for many career federal employees.
The plaintiffs are the American Federation of Government Employees (AFGE), which represents some 800,000 federal civilian employees, and the American Federation of State, County, and Municipal Employees (AFSCME), which represents some 1.4 million public employees, including federal workers.
The unions argue that Schedule F, which creates a new category of federal employees and makes it easier for a president to remove career civil servants not normally impacted by a presidential transition, is a scheme that put politics over professionalism.
"Despite this long-standing recognition of the importance of our professional civil service and protections against its politicization, the recently issued Schedule F order announces President Trump's intent to reclassify many career civil servants into a new category of federal employees and strip away their civil service protections so that they can be more easily fired," the plaintiffs argued.
Another union representing federal employees, National Treasury Employees Union, also filed a lawsuit challenging Schedule F last week.
The order, signed on Trump's first day in office, is a redux of an executive order that he implemented at the tail end of his first term, which was later reversed by former President Joe Biden.
In a statement Wednesday, AFSCME president Lee Saunders said that Schedule F "is a shameless attempt to politicize the federal workforce by replacing thousands of dedicated, qualified civil servants with political cronies."
"Our union was born in the fight for a professional, nonpartisan civil service, and our communities will pay the price if these anti-union extremists are allowed to undo decades of progress by stripping these workers of their freedoms. Together, we are fighting back," he said.
On Monday, the Office of Personnel Management (OPM) issued guidance for the heads of departments and agencies to determine which workers are subject to Trump's Schedule F order.
The memo from OPM is "broadly worded; just about anyone in the civil service could be swept up into this category," Alan Lescht, a Washington, D.C.-based employment lawyer who represents federal workers, told the outlet Axios.
OPM, acting OPM Director Charles Ezell, and Trump are all listed as defendants in the lawsuit, which alleges that Trump overstepped his legal authority when he issued Schedule F and rendered parts of a preexisting OPM rule that reinforced civil service protections and merit system principles "inoperative and without effect."
The suit argues that OPM failed to adhere to the "notice-and-comment process" under Administrative Procedure Act when it rendered those regulatory provisions inoperative.
"In just the nine days since Trump took office, his administration has repeatedly demonstrated a blatant disregard for the law in service of its political objectives," said Democracy Forward president and CEO Skye Perryman, whose firm is serving as co-counsel for the plaintiffs, in a Wednesday statement.
The Trump administration's effort "to politicize the nonpartisan, independent federal employees who protect our national and domestic security, ensure our food and medications are safe, deliver essential services to people and communities everywhere, and much more is simply and clearly illegal," Perryman said.
