Labor unions say Trump officials are defying court order to rehire probational employees

Labor unions asked a federal judge Wednesday to hold the Trump administration in contempt of court, arguing the president’s team has not complied with a judge’s order to rehire most of the probationary employees it fired.

The unions said the administration, while bringing the fired employees back onto the payroll, have for the most part left the workers on paid administrative leave, denying them the chance to resume their jobs as they previously held them.

“The terms of the court’s preliminary injunction were specific, definite, and clear. Defendants have no defense for their apparent decisions not to comply with the order,” the unions’ lawyers argued.

They asked Judge William Alsup to enforce an end-of-month deadline for getting the employees back into their regular jobs, or at least demand a “date certain” when that will happen. Otherwise, they said, the judge should impose fines.

Agencies fired tens of thousands of probationary employees government-wide as part of President Trump’s federal housecleaning.

Judge Alsup, however, ruled that the firings were prompted by the Office of Personnel Management, even though OPM has no such power to order mass firings.

He ordered the employees brought back.

And when the administration said it was bringing them back on administrative leave so they wouldn’t be in their old jobs, Judge Alsup said that wasn’t good enough.

The Justice Department has appealed that decision to the Supreme Court, asking the justices to pump the brakes on Judge Alsup.

Acting Solicitor General Sarah Harris said his rulings have created “chaos” at agencies, and she complained that Judge Alsup is micromanaging the federal workforce.

Unless the justices step in, she argued, agencies will have to reassign workspace, issue new credentials, sign up folks for benefits and have them undergo required onboard training — for employees whom the government believes it will eventually be able to re-fire anyway.

The unions, led by the American Federation of Government Employees, are now prodding Judge Alsup to get more involved in the situation with contempt and daily fines to “spur” the administration’s compliance.

Judge Alsup’s rehiring order applies to employees in six departments: Veterans Affairs, Agriculture, Interior, Energy, Defense and Treasury.

Another federal court also has ordered rehiring of most of those employees, though that judge has not ruled against bringing them back to sit on administrative leave.