Judge sets hearing on “fork” buyouts; Murray balks as exodus rumors spread

Staffers at the Department of Energy, Nuclear Regulatory Commission and other agencies now have the weekend to consider taking up the Donald Trump administration offer on buyouts, as a federal judge will hear arguments Monday on the deferred resignation program.

The Thursday ruling from U.S. District judge George O’Toole, Jr. in Massachusetts held up the buyout program pending a hearing Monday. With the judge’s order, the administration delayed the resignation deadline, first set for 11:59 p.m. Eastern Time on Feb. 6 to 11:59 on Monday Feb. 10, the Washington Post reported. 

The judge’s action was in response to a motion for a temporary restraining order by the American Federation of Government Employees and other unions.

In a court filing Thursday the White House argued President Trump is merely carrying out a campaign pledge to cut the size of the federal government. The administration also said the unions’ potential loss of dues-paying federal members is insufficient to drag out the deadline for the buyout offer. The military, agencies immigration and the U.S. Postal Service are not covered by the deferred resignation program.

The judge’s order came one day after the senior Democrat on the Senate Appropriations Committee, whose state is home to DOE’s largest nuclear cleanup site, likened the “so-called ‘Fork in the Road’ offer” to a scam.

“Being given only nine days to decide something like this should already be setting off alarm bells,” Sen. Patty Murray (D-Wash.) said in an open letter to all federal workers. In addition, the Trump administration cannot ensure federal workers taking the early exit will be paid through September when the government is only funded through a stopgap continuing resolution set to expire in mid-March.

“Additionally, the information being provided continues to change, and includes a lot of caveats,” Murray said. “It claims you can rescind your resignation if you change your mind—but that your job may no longer exist. It claims that you aren’t expected to work if you accept the offer—except in cases determined by each individual agency.”

The Tri-City Herald newspaper in Washington state said there is much fear and confusion at the Hanford Site.

The administration’s Office of Personnel Management rolled out its memo on Jan. 28 and already there has been widespread speculation many DOE feds could take the buyout offer and hit the road.  The Energy Communities Alliance and a source near the Hanford Site both suggested some high-ranking supervisors might end their federal career.

“Several key leaders in DOE and NNSA [the National Nuclear Security Administration] have informed ECA that they are leaving federal service and taking the option to resign,” ECA said in an email this week. Exchange Monitor has heard similar rumblings from sources as well.

National Public Radio and other news outlets were reporting Friday that perhaps 50,000 out of more than 2 million federal employees eligible have decided to take the offer and leave the government.

As for the O’Toole hearing, lawyers were to file briefs in  the case by 6 p.m. Friday Feb. 7 and oral arguments were to take place on Monday at 2 p.m.