Unions, workers explore ways to fight back amid Musk's effort to cut down the federal workforce

WASHINGTON — As the Trump administration continues to slash the federal workforce — ordering department heads this past week to propose more cuts — Long Island union leaders say the administration is violating labor laws that have long laid out the process for firing government workers.

The debate over whether President Donald Trump and his newly created Department of Government Efficiency have unilateral power to lay off broad swaths of employees is currently playing out in the federal courts. But the swift pace of layoffs in the president’s first month in office is testing the strength of federal laws and labor boards that have long shielded federal workers from abrupt terminations, said legal experts interviewed by Newsday.

"The firings and the gutting of these agencies is moving at a speed that is way faster than the courts can keep up with, so even if, at the end of the day, the courts say that what the Trump administration is doing is unlawful, a lot of the damage will have already been done," said Samuel Bagenstos, a professor of public policy and law at the University of Michigan Law School.

The Department of Government Efficiency, or DOGE, headed by billionaire Elon Musk, has led the effort in cutting jobs. A reported 125,000 probationary workers with less than a year in their current position have been laid off. Another 75,000 federal workers opted in to a federal buyout promoted by Musk. More dramatic workforce cuts are expected after Trump ordered federal agency heads to return proposals by mid-March with additional terminations.

The Internal Revenue Service, Federal Aviation Administration and Northport VA have all experienced some level of cuts this past month, according to Newsday reporting and local union leaders. But the immediate number of employees cut has not been disclosed by the Trump administration, with some agencies citing privacy concerns when asked to detail the number of terminations.

Union resistance

Timothy McLaughlin, a national representative for the American Federation of Government Employees, which represents 800,000 federal workers nationwide, said in a phone interview that he receives calls daily from New York-based employees fearing for their jobs or confused by the conflicting directives from DOGE.

There were 53,600 federal employees in New York State at the end of last year, according to the Congressional Research Service.

McLaughlin, who represents employees on Long Island and in New York City, said he is dealing with cases of probationary workers who were laid off despite years of government service; they simply were promoted or moved to a different role this past year, and fell into the probationary category.

"These employees are getting hurt as collateral damage," McLaughlin said, asserting that DOGE is "just looking at straight up data, they're not looking at the situation … these are employees who are entitled to due process."

AFGE is among the federal labor unions that have filed lawsuits trying to block DOGE from wielding its ax on the federal workforce. They argue that the Trump administration’s sweeping cuts violate federal Civil Service laws that entitle workers to proper notice of their termination and the ability to appeal their firing.

On Thursday, a federal court judge in San Francisco ordered the Trump administration to pause the firing of probationary workers, after a coalition of labor unions including AFGE filed a lawsuit arguing the Office of Personnel Management, which oversaw the cuts, had "no legal authority" to fire employees.

U.S. District Judge William Alsup said at the hearing: "Congress has given the authority to hire and fire to the agencies themselves … the Office of Personnel Management does not have any authority whatsoever, under any statute in the history of the universe, to hire and fire employees at another agency."

Lawyers for the Trump administration argued in court that the blanket termination of probationary positions was legal because the Office of Personnel Management sought input from the agencies.

Alsup, who was appointed to the federal bench by former President Bill Clinton, has scheduled a follow-up hearing for March 13.

Labor boards

As local union heads await the outcome of a number of other lawsuits filed in response to the layoffs — a process that can take months if not years to play out — labor law experts say federal employees looking to a pair of federal labor boards that typically handle employee complaints may grapple with finding assistance, noting that Trump has also moved to control the authority of those boards.

Trump has moved to fire the chair of the Merit Systems Protection Board, an independent federal agency tasked with reviewing labor disputes. The board is typically composed of appointees from both parties, but Trump has sought to fire Democrat Cathy Harris, who is suing to keep her post. Trump has also taken aim at the Federal Labor Relations Agency, reportedly laying off the head of the board, Susan Tsui Grundmann, without naming a Republican replacement.

"Is the Federal Labor Relations Authority going to be in position to respond or to respond quickly? Probably not, because these administrative agencies are going to be swamped with claims," said Bagenstos, the law professor who also served as general counsel to the Department of Health and Human Services under the Biden administration.

Union leaders say they are also concerned by Musk’s push to have workers provide an email laying out five things they worked on during the past week, saying the directive has led to more confusion and angst, as some agencies have discouraged employees from responding, while others have not weighed in.

"Employees are asking their supervisors ‘How do I fill this out? Do I use certain things?' Because there are certain privacy considerations and the employees want to make sure they’re not putting out sensitive information, and supervisors don't want to answer these questions," said Edwin Osorio, president of the American Federation of Government Employees’ Local 3369, which represents Social Security Administration employees on Long Island and New York City.

'Pulse check'

Musk, speaking at a White House cabinet meeting on Wednesday, defended the emails seeking the five bullet points, describing them as a "pulse check." Trump has backed the directive even as his administration has given conflicting messages about whether responses are voluntary or mandatory.

"Well, it's somewhat voluntary. But it's also, if you don't answer, I guess you get fired," Trump told reporters in the Oval Office on Tuesday.

The administration is also weighing whether to make the emails a weekly requirement, according to a Washington Post report citing officials close to the discussions.

Legal analysts contend the weekly emails could give the Trump administration more grounds to make its case for mass layoffs.

Angela Cornell, director of the Labor Law Clinic at Cornell Law School, told Newsday the administration could be looking for a way to justify terminations. 

Cornell said Trump may eventually find federal judges who side with his terminations, but added there is a personal impact to workers: "It’s having a horrific effect on the federal workforce and the individual lives of those workers, as well as on the important services that they provide."

By Laura Figueroa Hernandez

laura.figueroa@newsday.com@Laura_Figueroa

Laura Figueroa Hernandez is the White House correspondent and previously covered New York City politics and government. She joined Newsday in 2012 after covering state and local politics for The Miami Herald.