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Unions and Attorneys General Caution Federal Workers About Trump Administration’s Buyout Proposal


A Democrat attorney general described the offer as ‘misleading’ and urged the 29,000 non-military federal workers in her state to ‘carefully review the details before proceeding.’

Two major labor unions, alongside a dozen state attorneys general, are cautioning federal employees against accepting the deferred resignation proposal presented by the Trump administration on January 28.

The communication from the Office of Personnel Management (OPM) allows employees until February 6 to consent to resign, effective September 30, while receiving full pay and benefits in the meantime.

Not included in this offer are individuals involved in immigration enforcement, national security, postal service workers, and military staff.

In a press statement issued on February 4, Michigan Attorney General Dana Nessel, a Democrat, labeled the offer as “misleading.”

Nessel encouraged the 29,000 non-military government employees in Michigan to “carefully read the fine print before signing and exercise caution, as certain benefits may not be assured.”

“Employees represented by a union should collaborate with their labor representatives prior to agreeing to any contract changes,” she advised.

The attorneys general from Arizona, California, Connecticut, Delaware, Hawaii, Maryland, Minnesota, New Jersey, New York, Vermont, Washington, and Michigan have all signed onto the caution.

In a statement made on January 30, National Federation of Federal Employees (NFFE) President Randy Erwin characterized the offer as a “strategy … aimed at alarming civil servants into accepting what appears to be a favorable deal but is likely a con.”

Erwin denounced the offer as “a fear tactic” designed to coerce federal employees to resign in exchange for what he called “an unlawful and unenforceable promise of payments until October.”

On January 29, the American Federation of Government Employees (AFGE), associated with the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), issued a two-page warning stating that the offer is “full of inconsistencies and uncertainties” and based on dubious legal grounds.

The union also indicated that it remains unclear whether those who accept the offer would need to continue working during the interim period between February 6 and September 30 or if they could be terminated after acceptance.

Furthermore, the AFGE has cautioned that upcoming budget disputes and potential funding interruptions could impact those who accept the proposal.

Response from OPM

The concerns expressed by the unions and Nessel have been addressed in the Office of Personnel Management’s online communications.

As indicated on the OPM’s frequently asked questions web page, an employee who accepts the offer is not required to work at their government position during the deferred resignation period and is free to take another job or go on an extended leave if they choose.

An accepting employee will continue to earn annual and sick leave, and will receive a lump sum payment for any unused annual leave upon separation. Eligibility for voluntary early retirement will remain unaffected.

If an employee decides to retire ahead of schedule or at the regular time before the resignation date, their retirement choice would take precedence over the deferred resignation. Moreover, the employee will continue to receive retirement service credit until the final separation date.

Per the OPM, in the event of a government shutdown, a pay disruption may occur. Nevertheless, an accepting employee would still be entitled to back pay.

To counter the Trump administration’s efforts to reduce the size of the government, AFGE has also advised its locals to consider filing a grievance or complaint regarding unfair labor practices due to the manner in which the union was bypassed when the Office of Personnel Management sent the offer directly to employees.

Finally, the locals may contemplate filing a grievance regarding a potential violation of their collective bargaining agreement, as noted in the AFGE warning.



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