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"The livelihoods of the patriotic Americans serving their country in the federal government are not bargaining chips in a political game," said the president of the country's largest union of federal employees.
The American labor movement erupted in outrage Tuesday after President Donald Trump appeared to go back on the government's promises to provide back pay to all of the estimated 750,000 furloughed federal workers when the government shutdown ends.
Last month, as a shutdown loomed, the US Office of Personnel Management, an independent government agency that oversees the country's civil service, published guidance for federal agencies stating definitively that "after the lapse in appropriations has ended, employees who were furloughed as a result of the lapse will receive retroactive pay for those furlough periods."
This follows a federal law, the Government Employee Fair Treatment Act signed by Trump during the last shutdown in 2019, which requires that furloughed employees "shall be paid for the period of the lapse in appropriations.”
But the Trump administration has begun to walk back that promise. A memo from the White House Office of Management and Budget (OMB) obtained by Axios on Tuesday stated that the administration's position was that employees were not all entitled to back pay, and that the money would have to be specifically appropriated by Congress.
"Does this law cover all these furloughed employees automatically? The conventional wisdom is: Yes, it does. Our view is: No, it doesn't," a senior White House official said, adding that despite what guidance other agencies may have given, "OMB is in charge."
When asked by reporters Tuesday if furloughed employees would all be paid, Trump seemed to confirm the OMB position, saying that "it depends on who we’re talking about.”
“For the most part, we’re going to take care of our people," he said. “There are some people that really don’t deserve to be taken care of, and we’ll take care of them in a different way."
When asked why some workers would not get back pay, Trump told reporters to “ask the Democrats that question.”
The American Federation of Government Employees (AFGE), a union representing over 820,000 federal workers, argued that by denying back pay to furloughed employees, the Trump administration was contradicting both the law and its own assurances to employees.
“The frivolous argument that federal employees are not guaranteed backpay under the Government Employee Fair Treatment Act is an obvious misinterpretation of the law," said Everett Kelley, the AFGE's national president. "It is also inconsistent with the Trump administration’s own guidance from mere days ago, which clearly and correctly states that furloughed employees will receive retroactive pay for the time they were out of work as quickly as possible once the shutdown is over."
Sen. Patty Murray (D-Wash.), the top Democrat on the chamber's Appropriations Committee, said on social media that the White House memo was “another baseless attempt to try and scare and intimidate workers by an administration run by crooks and cowards."
“The letter of the law is as plain as can be," Murray said. "Federal workers, including furloughed workers, are entitled to their back pay following a shutdown."
The National Federation of Federal Employees (NFFE), which represents about 110,000 employees, also chimed in with outrage over the decision by House Speaker Mike Johnson (R-La.) to send members of Congress home last week as shutdown negotiations stalled. Johnson has maintained that he will not negotiate on Democrats' demands to reverse cuts to a critical health insurance subsidy unless they agree to fund the government first.
"Congressional leaders should come back to Washington to negotiate an end to this shutdown immediately. Federal employees, our men and women in uniform, and the American people are all suffering. Skipping town in the middle of a crisis is unconscionable," said NFFE's national president Randy Erwin. "At this point, House Republicans have refused any meaningful negotiations. It appears to me that Speaker Johnson and his colleagues have no intention of ending this shutdown anytime soon. It seems they would rather sit back and play the blame game than undertake the necessary work to pass bipartisan spending legislation."
Last week, Trump suggested that, alongside OMB Director Russell Vought, he would use the government shutdown to set about "laying off a lot of people that are going to be very affected, and they’re Democrats. They’re gonna be Democrats.”
Trump added Tuesday that if the shutdown continues much longer, many government jobs would be on the chopping block “in four or five days" and that "a lot of those jobs will never come back."
On NBC's "Meet the Press" Sunday, Johnson has described the potential layoffs of thousands of workers as "regrettable," adding that it was "not a job that [Vought] relishes... But he’s being required to do it by [Senate Minority Leader] Chuck Schumer (D-NY).”
On Thursday, however, Trump had described the shutdown as an “unprecedented opportunity” to carry out Vought's proposals for cuts to programs and employees across federal agencies.
"The livelihoods of the patriotic Americans serving their country in the federal government are not bargaining chips in a political game," Kelley said. "It’s long past time for these attacks on federal employees to stop and for Congress to come together, resolve their differences, and end this shutdown."
Silencing our union members, working on the front line of environmental protection, is beyond dangerous. It strips away a critical check against political interference in science. And that can only mean more threats on the horizon to the air you breathe and the water you drink.
Labor Day is a time to honor the workers who keep our country safe, strong and healthy. But this year, while families fire up their grills and celebrate the dignity of work, the Trump administration is continuing its brazen assault against the very workers who protect the air you breathe and the water you drink.
On August 8th, the Trump administration issued an executive order banning AFGE Council 238, our union representing more than 8,000 Environmental Protection Agency (EPA) workers nationwide. The executive order categorized the EPA as a “national security” agency, an absurd and illegal misrepresentation of EPA’s historic mission to protect human health and the environment.
We are under no illusions: this move has nothing to do with national security. This action was about silencing the scientists and staff at the EPA and clearing the way for corporate polluters to have free rein.
This Labor Day, don’t just thank workers. Stand with EPA workers and make your voice heard too. Because protecting our rights is protecting your right to clean air and safe drinking water.
Here’s why banning our union matters. First, it means that science is on the chopping block. Practicing sound science is critical to protecting human health, and EPA scientists are your first line of defense against toxic chemicals, smog and hazardous waste.
For years, our union fought to secure ‘scientific integrity’ protections into our union contract so scientists wouldn’t be punished for telling the truth. Last summer, this became a reality in our most recent contract, which prohibited retaliation against EPA scientists who follow sound scientific principles.
The fight solidified the importance of sound science to EPA’s mission to protect human health and the environment, and it underscored our union’s role as one of the public’s strongest safeguards against political infringement on EPA’s work to protect clean water and air.
Now, with Trump illegally terminating our contract, that safeguard protecting EPA’s scientific integrity is gone. Trump’s political appointees and corporate lobbyists will have a freer hand to rewrite science and weaken safeguards against environmental hazards like air pollution, toxic chemicals, and hazardous waste.
Second, it means transparency at the agency is out the window. Our union no longer has the protections to hold the agency accountable to its mission to protect your air, your land and your water.
In 2019, the Minnesota Pollution Control Agency tried to hide flaws in a very controversial water permit proposal submitted by PolyMet Mining by asking that they not be documented and instead have EPA merely read the critical information over the phone. Our union blew the whistle and released communications showing that the two agencies colluded to keep the critical comments away from the public. After our union’s disclosure, MPCA’s permit action was overturned, thereby protecting the St. Louis River and Lake Superior.
Without our union, that cover-up might never have seen the light of day.
That is why silencing our union is so dangerous. It strips away a critical check against political interference in science. And that can only mean more threats on the horizon to the air you breathe and the water you drink.
That’s why federal unions, including ours, are actively working to push Congress to pass H.R. 2550, the Protect America's Workforce Act. This bill would restore collective bargaining rights and stop Trump’s illegal executive order in its tracks. As Congress returns from recess on September 2, we need your voice too: call or email your representatives, demand they support the bill and that they sign a discharge petition to bring the bill to the House floor.
This Labor Day, don’t just thank workers. Stand with EPA workers and make your voice heard too. Because protecting our rights is protecting your right to clean air and safe drinking water.
AFGE Council 238 will continue to fight the Trump administration’s illegal executive order. We will not be silenced, and we won’t stop defending the air you breathe, the water you drink, and the planet we all call home.
Executive order issued under cover of darkness, said one labor leader, is "a clear threat not just to federal employees and their unions, but to every American who values democracy and the freedoms of speech and association."
President Donald Trump's latest attack on the working class was delivered in the form of an executive order late Thursday that seeks to strip the collective bargaining rights from hundreds of thousands of federal government workers, a move that labor rights advocates said is not only unlawful but once again exposes Trump's deep antagonism toward working people and their families.
The executive order by Trump says its purpose is to "enhance the national security of the United States," but critics say it's clear the president is hiding behind such a claim as a way to justify a broadside against collective bargaining by the public workforce and to intimidate workers more broadly.
"President Trump's latest executive order is a disgraceful and retaliatory attack on the rights of hundreds of thousands of patriotic American civil servants—nearly one-third of whom are veterans—simply because they are members of a union that stands up to his harmful policies," said Everett Kelley, president of the 820,000-member American Federation of Government Employees (AFGE), the nation's largest union of federal workers.
"The labor movement is not about to let Trump and an un-elected billionaire destroy what we’ve fought for generations to build. We will fight this outrageous attack on our members with every fiber of our collective being." —Liz Shuler, AFL-CIO
The far-reaching order, which cites the 1978 Civil Service Reform Act as the source of his presidential authority, goes way beyond restricting collective bargaining and union representation at agencies with a national security mandate but instead tries to ensnare dozens of federal agencies and classifications of federal workers who work beyond that scope.
According to the Associated Press, the intent of the order "appears to touch most of the federal government."
AFL-CIO president, Liz Shuler, responded with disgust to the order, pointing out that the move comes directly out of the pre-election blueprint of the Heritage Foundation, which has been planning this kind of attack against the federal workforce and collective bargaining for years, if not decades.
"Straight out of Project 2025, this executive order is the very definition of union-busting," said Schuler in a Thursday night statement. "It strips the fundamental right to unionize and collectively bargain from workers across the federal government at more than 30 agencies. The workers who make sure our food is safe to eat, care for our veterans, protect us from public health emergencies and much more will no longer have a voice on the job or the ability to organize with their coworkers for better conditions at work so they can efficiently provide the services the public relies upon."
Shuler said the order is clearly designed as "punishment for unions who are leading the fight against the administration's illegal actions in court—and a blatant attempt to silence us."
The White House practically admitted as much, saying in a statement that "Trump supports constructive partnerships with unions who work with him; he will not tolerate mass obstruction that jeopardizes his ability to manage agencies with vital national security missions." In effect, especially with a definition of "national security" that encompasses a vast majority of all government functions and agencies, the president has told an estimated two-thirds of government workers they are no longer allowed to disagree with or obstruct his efforts as they organize to defend their jobs or advocate for better working conditions.
"With this order, Trump is trying to destroy unions and labor rights as we have known them for 100 years," said Rep. Greg Casar (D-Texas), chair of the Congressional Progressive Caucus, in a statement on Friday.
"Trump's attempt to end federal labor unions is his most dangerous attack on working America so far," Casar added. "We must all rise up to stop this—in the streets and in the halls of Congress—or else Trump will hand over every last one of our rights to the billionaires."
Describing the move as "bullying tactics" by Trump and his administration, Kelley said the order represents "a clear threat not just to federal employees and their unions, but to every American who values democracy and the freedoms of speech and association. Trump’s threat to unions and working people across America is clear: fall in line or else."
"These threats will not work. Americans will not be intimidated or silenced. AFGE isn't going anywhere. Our members have bravely served this nation, often putting themselves in harm’s way, and they deserve far better than this blatant attempt at political punishment," he added.
WASHINGTON, DC - FEBRUARY 11: Members of the American Federation of Government Employees (AFGE) union protest against firings during a rally to defend federal workers in Washington, DC on February 11, 2025.
Photo by Nathan Posner/Anadolu via Getty Images
Both AFGE and the AFL-CIO said they would fight the order tooth and nail on behalf of federal workers—and all workers—who have a right to collective bargaining and not to be intimidated for organizing their workplaces, whether in the public or private sector.
"To every single American who cares about the fundamental freedom of all workers, now is the time to be even louder," said Shuler. "The labor movement is not about to let Trump and an un-elected billionaire destroy what we've fought for generations to build. We will fight this outrageous attack on our members with every fiber of our collective being."
Kelley said AFGE was "preparing immediate legal action" in response to Trump's order and vowed to "fight relentlessly to protect our rights, our members, and all working Americans from these unprecedented attacks."
Jeffrey Hauser, executive director of The Revolving Door Project, a progressive watchdog, said, "Contrary to what Trump, Musk, and even neoliberals claim, a strong civil service is critical to the country. Few innovations have served the public interest more than the government permitting public employees to band together and create the protection of a union against politicians carrying water for America's most rapacious and least moral corporations."
With the arrival of Trump's Department of Government Efficiency, or DOGE, now on the scene, Hauser said it's more vital than ever that public sector unions have the ability to protect the government workforce that has been targeted by the president and his appointed henchmen at DOGE, including world's richest man Elon Musk.
"It is time for all decent forces to condemn Trump and Musk's unlawful actions," said Hauser, "and decry the assault on the right of public employees to organize."
Update: This story was updated from its original to include comment from Revolving Door Project and Congressman Greg Casar of Texas.