Union sues government over lack of shutdown information
OMB still has not directed agencies to release their specific contingency plans on how a government hiatus would affect employees.
The largest federal employee union is suing the government for failing to provide its leadership with specific details on how a shutdown would affect the federal workforce.
"Just call it for what it is, and explain how extensive it will be," John Gage, president of the American Federation of Government Employees, said of the looming government shutdown during a Tuesday press briefing. The current continuing resolution that is keeping the government open expires this Friday, April 8.
AFGE early last month filed an expedited request with the Office of Management and Budget under the Freedom of Information Act, seeking agencies' contingency plans in the event of a government shutdown. AFGE then filed a complaint dated March 30 in U.S. District Court for the District of Columbia against OMB for failing to respond to its expedited request and provide the information. OMB acknowledged through an official letter to AFGE that it had received the request.
On Monday, OMB sent a memo to agencies directing them to begin preparing their employees for a potential government shutdown. Despite the updated communication, the Obama administration still has not instructed agencies to release copies of their individual shutdown guidance spelling out which employees would be deemed "essential" and allowed to continue working during a shutdown and who would be ordered to stay home, potentially without pay.
"I don't see how having a plan and not notifying your employees about it is any kind of plan," Gage said during the press conference.
"Plans for shutdown operations, which are governed by the law, remain in development and are pre-decisional at this time," said Meg Reilly, OMB's deputy associate director for communications and strategic planning, in a statement. "When plans are finalized and reviewed for sensitive information, we will work with agencies to provide to the public."
Gage said that while the union doesn't want a shutdown, it is preferable to the billions of dollars in spending cuts that lawmakers have proposed. "Employees won't like it [a government shutdown], but they'll understand," he said. Gage estimated the shutdown would last "at least the weekend." He said if the government ceases operation, then the union will instruct its members to report to work and line up outside their offices if they're not allowed in, so "the American people can at least see that federal employees know the importance of their jobs."
Agencies are required through OMB Circular A-11 to develop plans for a government hiatus, including information such as the time it will take to complete the shutdown and the number of essential employees they plan to retain. OMB, the Justice Department and the Office of Personnel Management are supposed to provide agencies with guidance; agencies in turn must inform employees in advance of an impending shutdown and of their status under such circumstances.
The last time the government shut down in 1995 and 1996, for 27 days at an overall cost of $1.4 billion, furloughed federal employees were paid retroactively for the time they were off the job. But it's up to Congress to decide whether to reimburse employees for the time lost, and lawmakers might not be disposed to do so during the current fiscal climate.
In addition to the potential government shutdown, Gage also addressed current legislative proposals to reduce or cut federal employees' pay and benefits. "I don't see this as a shared sacrifice kind of issue. It's more like spread the pain," he said. As for pay-for-performance issues, Gage said the union has proposed to OPM a simpler, "more honest" performance evaluation system, which would root out poor performers without creating more red tape for managers.
AFGE currently is vying with the National Treasury Employees Union to represent transportation security officers who just received collective bargaining rights at the Transportation Security Administration. If employees vote for AFGE representation, Gage said the union's first priority will be to try to dismantle the agency's performance evaluation system, known as PASS. "It's terrible," he said. "The workers hate it to a person."