A federal judge has denied the Justice Department’s request to lift the stay on Agriculture Department employee relocations, keeping the department’s reorganization moves on hold while voluntary job transfers remain permitted.
Judge Vince Chhabria of the U.S. District Court for the Northern District of California rejected the government’s request on November 4. USDA had argued that the October 13 stay was preventing the Forest Service from filling critical wildfire and avalanche positions and was disrupting research. Chhabria ordered both sides to meet and agree on a clarification of the stay and said he would consider only a “very narrow” request to modify it. The 9th Circuit has also left the stay in place while USDA’s appeal continues. The plaintiffs, a coalition of federal unions, nonprofits, and local governments, argued that USDA had misread the order. They pointed out that it already allows USDA to reassign employees who apply for, are selected for, and accept a position through USAJobs or internal merit hiring, as long as the move is unrelated to the reorganization.
The stay still bars USDA from issuing or enforcing management-directed relocation letters outside the Washington area. The plaintiffs told the court that USDA’s Natural Resources Conservation Service sent relocation notices to at least two employees on October 28 and issued “corrected” notices only after the plaintiffs’ lawyers demanded they be withdrawn. USDA says it is complying with the court order. USDA had sent about 725 relocation notices by late August as part of plans to move about 2,600 employees to regional hubs. The appropriations provisions behind the stay expire on December 11 unless Congress extends them.
IAM Member Impact: Reorganization moves remain frozen, but routine USDA transfers, in which employees apply for and accept a new position unrelated to the reorganization, can go ahead under the court order. The key date is December 11. If Congress lets the restrictions lapse, reorganization moves could resume quickly.
Source: Government Executive