American Federation of Government Employees v. Office of Personnel Management
Case Overview
The government appealed Judge Alsup's order granting summary judgement for the plaintiffs which declared the OPM did not have the authority to direct agencies to terminate probationary employees and enjoined the OPM director from directing federal agencies to fire federal employees.
The Application
Judge Alsup determined that the CSRA and applicable OPM regulations do not authorize OPM to unilaterally direct agencies to fire probationary employees, finding such action exceeded OPM's delegated authority.
The Conclusion
The district court granted summary judgment for AFGE and issued a permanent injunction barring OPM from directing federal agencies to terminate probationary employees; the government's appeal to the Ninth Circuit is pending.
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