A Federal judge on March 6 clarified his decision about a temporary restraining order against the Office of Personnel Management (OPM) based on its directives to fire probationary employees across several Federal agencies.
Judge William Alsup, of the Federal District Court for the Northern District Court of California granted a temporary restraining order to a coalition of unions on Feb. 27, citing OPM’s directives to fire probationary employees at certain agencies as “unlawful.”
The coalition of unions sought to expand the scope of the order to include agencies who undertook similar actions to OPM, including the Department of Defense.
However, in a hearing on March 6, Alsup clarified that his ruling is strictly against OPM and cannot be applied to agency firings independent of OPM’s directives.
“This case started out and has to remain OPM-centric, and OPM has got to be the one who did something unlawful in order for you to get relief from the case,” Alsup said to an attorney representing the coalition of unions.
Alsup referred the coalition of unions to the Merit Systems Protection Board regarding other agency firings that are not directly correlated with OPM’s directive.
OPM argued that it did not order mass firings of probationary employees but rather instructed agencies to engage in a “focused review” of probationary employees. However, OPM’s original directives included deadlines to fire employees. OPM has also since revised its directives vesting authority to fire probationary employees with agencies.
Thursday’s hearing also saw disagreements over presenting OPM Acting Director Charles Ezell to testify in a March 13 evidentiary hearing. The government argued in a letter on Monday that Ezell had “limited direct knowledge” regarding directives given by OPM to terminate employees at certain agencies.
Alsup ordered Ezell to be produced for live testimony or deposition in the March 13 hearing, at risk of facing a sanction which could include striking or limiting his sworn declaration.
“I’m going to hold this hearing in person in San Francisco and, whatever witnesses can come, I’m going to listen to them,” Alsup said.
