A federal judge denied a request from the U.S. Department of Agriculture (USDA) to remove his temporary hold on the USDA’s planned employee relocations.
Judge Vincent Chhabria rejected the motion to remove the hold that he placed on the relocations in October pending an appeal. However, he directed both sides to discuss whether they can agree on specific clarifications to the existing order. If they cannot agree, the judge said he would consider a limited request to clarify or change parts of the order.
Department of Justice (DOJ) attorneys argued that the stay "significantly hinders USDA operations across the board,” such as making it harder for the Forest Service to fill “critical positions” and impairing “USDA’s ability to conduct cutting-edge research.”
However, attorneys for plaintiffs including the American Federation of Government Employees (AFGE) noted that USDA waited more than two weeks after the order to ask for a stay.
“USDA’s demonstrated desire and intent to continue its reorganization despite the Court’s Order — rather than purported impacts to agency operations — appear to be the real impetus for its motion,” wrote the plaintiffs’ attorneys.
The dispute also comes amid questions about USDA's compliance with the court order. In late October, the Natural Resources Conservation Service sent relocation notices to at least two employees. After plaintiffs' attorneys challenged the notices, the agency issued corrected letters withdrawing them.
The court's order does not prohibit all employee transfers. Voluntary, merit-based transfers unrelated to the broader reorganization may still proceed.
Despite the court’s stay, Agriculture Secretary Brooke Rollins recently told reporters that “we are full-bore ahead in the reorganization.”
The lawsuit was originally filed back in July by federal labor organizations, who argued that the sweeping reorganization plans are an effort to shrink the workforce and circumvent restrictions from Congress. The legislation blocking USDA from using congressional funds for the reorganization is set to expire December 11.
USDA is planning to relocate about half of its Washington, DC area employees (approximately 2,600) to regional hubs across the country.
