Shutdown Latest: Ruling Against Layoffs Extended, Federal Pay Legislation
The government shutdown is about to hit the one month mark, and there are new updates on layoffs, pay, and whether can Congress can strike a deal soon to reopen the government.
First, a win for federal labor unions in their fight to stop layoffs during the shutdown. Federal judge Susan Illston issued a preliminary injunction, indefinitely blocking the Trump Administration from issuing reduction in force (RIF) notices while the government is not open. The injunction extends her previous order stopping the layoffs.
“Today’s ruling is another victory for federal workers and our ongoing efforts to protect their jobs from an administration hellbent on illegally firing them,” said American Federation of State, County and Municipal Employees (AFSCME) President Lee Saunders, one of the plaintiffs in the case.
The order directly impacts the 4,000 RIFs that the administration issued earlier in October.
Law Enforcement Pay Legislation
With the government still shut down, pending legislation would ensure that U.S. Capitol Police, their civilian staff, and essential contractors would continue to be paid during the shutdown.
The Pay Our Capitol Police Act was introduced by Senators Tim Scott (R-SC) and Markwayne Mullin (R-OK). The legislation would also trigger automatic coverage in the future in which interim or full-year appropriations are not in effect.
Senate Democrats meanwhile say they could be open to a Republican proposal to pay all federal workers during the shutdown, but need more time to review the legislation.
The Shutdown Fairness Act (S.3012) was proposed by Senator Ron Johnson (R-WI) and would pay both essential and furloughed employees. However, the bill would not restrict President Trump’s authority to manage the federal workforce through RIFs and that has some Democrats on the fence about it.
A Tipping Point?
Meanwhile a confluence of factors may start tipping Congress toward talks to end the shutdown.
Open enrollment for Affordable Care Act plans begins on November 1 and Americans selecting plans will be reviewing options that do not include subsidies to offset the cost. Extending those subsidies is a key demand of the Democrats in the Senate.
And benefits in the Supplemental Nutrition Assistance Program (SNAP) are due to expire November 1 as well.
Senate Majority Leader John Thune (R-SD) said talks between members are starting to heat up a bit, although talks between leadership are stalled.
“It’s ticked up significantly, and hopefully that’ll be a precursor of things to come,” said Senator Thune, who added that he’s hopeful “something here very soon will be fruitful.” However, Senator Thune said he remains opposed to any talk on extending healthcare subsidies until the government is reopened.
Also pressuring Democrats is the largest federal employee union, the American Federation of Government Employees (AFGE), calling for an end to the shutdown and the passing of a clean resolution to reopen the government.
The House Appropriations Committee also released a statement showing 300 plus stakeholders that are calling for a continuing resolution and an immediate end to the shutdown.
Still, Democrats are on the fence, and some want to wait and see the results of Tuesday’s gubernatorial elections in Virginia and New Jersey.
“There’s going to be an election on Tuesday, and I think we know how those are going to go,” said Senator Elissa Slotkin (D-MI). “We all feel like it’s getting pretty stale, and adults can just get in the room and figure out how to talk to one another.”