The U.S. Department of Agriculture (USDA) has been in the news recently due to a request from the Office of Special Counsel (OSC) to reinstate more than 5,000 probationary employees. This move by the OSC is seen as a resistance to President Donald Trump’s efforts to downsize the federal workforce.
The OSC made the request on Friday and disclosed it on Tuesday. If approved by the Merit Systems Protection Board, the employees will be reinstated for 45 days while an investigation takes place. This decision will then be reviewed by the board for a final verdict.
According to Special Counsel Hampton Dellinger, the firings of these employees were done in a manner that goes against federal personnel laws. This raises concerns about the treatment of employees in other government departments as well.
Probationary employees are often targeted for layoffs as they are new to the job and do not have full civil service protection. They are often informed of their termination for reasons such as poor performance.
This case is taking place at a time when the federal workforce is facing a lot of uncertainty and the offices responsible for protecting employees’ rights are also under fire. The Trump administration has been laying off thousands of employees and has also attempted to remove Dellinger and Cathy Harris, a member of the Merit Systems Protection Board nominated by President Joe Biden.
However, these attempts have been challenged in court and most recently, on Tuesday, U.S. District Judge Rudolph Contreras ruled that Trump does not have the power to remove Harris from office “at will.” The attempt to fire her was deemed illegal as the reasons cited in the email were not valid.
Harris’ attorneys argue that this is not a complex constitutional case, rather a clear violation of the law. They wrote in a court filing, “There are hard constitutional cases where the law remains unsettled and the Supreme Court has not spoken. This case is not among them.”
The Trump administration has appealed Contreras’ decision and the case is ongoing. Harris, who was appointed in 2022 and has been chairing the board since last March, was notified of her firing on February 12th. Another board member, Raymond Limon, retired on Friday.
The government’s argument is that the judiciary does not have the authority to reinstate Harris or prevent Trump from replacing her on the board. They argue that the American people elected Trump to run the executive branch and his decision to remove Harris should be respected.
The Merit Systems Protection Board plays a crucial role in protecting federal government employees from political reprisals or retaliation for whistleblowing. Its administrative judges make around 5,000 decisions annually.
The recent executive orders by Trump regarding federal employees have led to a surge in new appeals in the past few weeks, according to Harris’ lawyers. They stress the importance of the board’s impartiality and the need for everyone to have confidence in its ability to do its job without fear or favor.
The board consists of three members nominated by the president and confirmed by the Senate. They serve seven-year terms and no more than two of them can be from the same political party.
In a separate case, U.S. District Judge Amy Berman Jackson sided with Dellinger, which is likely to be appealed to the U.S. Supreme Court.
The decision to reinstate these 5,000 probationary employees is a positive step towards protecting the rights of federal government employees. It sends a message that the law must be followed and employees should not be targeted for political reasons. It also highlights the importance of having an independent and impartial board to oversee these matters.
As the case continues, it is important for the Merit Systems Protection Board to maintain its integrity and for the government to respect its decisions. The federal workforce is the backbone of our country and they deserve to be treated fairly and with respect. Let us hope that this case serves as a reminder to all that the rights of employees must be protected and upheld at all times.
