A District Court judge for the District of Colombia ruled Jan. 15 that the judiciary cannot force federal agencies to pay employees made to work during a shutdown.
The ruling covers two lawsuits brought separately by the National Air Traffic Controllers Association and the National Treasury Employees Union for a restraining order on agency actions.
But according to the Washington Post, Judge Richard J. Leon said that it would be “profoundly irresponsible” to make a ruling that would require federal employees to stay home from work.
Instead, the parties will have to return to court to argue for a motion that will get feds paid if they are working during the shutdown.
“Although we are disappointed with the judge’s ruling denying NATCA’s motion for a temporary restraining order, we are encouraged that he acknowledged the ongoing hardships our members are facing because of the shutdown,” said NATCA Executive Vice President Trish Gilbert in a statement.
“In recognition that time is of the essence, the judge ordered expedited briefing on NATCA’s motion for a preliminary injunction. We will continue to oppose the injustice of our members working while being deprived of their earned wages and look forward to making our argument on Jan. 31.”
The NATCA and NTEU lawsuits are just two among many brought by employee unions arguing that the federal government cannot legally require feds to work without providing them with timely paychecks.
“While we are disappointed that the judge did not take immediate action, we look forward to continuing our argument that the administration cannot require more and more employees to report to work without pay,” NTEU National President Tony Reardon said in a statement.
“This shutdown cannot go on. The government has important services to deliver and it needs its full workforce back on the job, with pay, as soon as possible.”
Jessie Bur covers federal IT and management.
