01/15/2019

Federal Employee Groups Go to Court as Shutdown Hits Fourth Week

Their lawsuits claim violation of the Anti-deficiency Act

With no end in sight to the ongoing  partial federal government shutdown, associations and unions whose members are directly affected began turning to the courts last week, challenging their agencies’ practice of exempting some employees from furloughs and forcing them to work without pay.

The National Air Traffic Controllers Association (NATCA), the National Treasury Employees Union and a group of unnamed individual employees filed separate lawsuits against President Donald Trump, several Cabinet secretaries and the United States, each claiming violation of the Anti-Deficiency Act, which bars the agencies from spending money not appropriated by Congress but includes a provision allowing furlough exemptions.

In addition, the NATCA lawsuit and the case brought by the individual employees claim that their constitutional due process rights are violated by the requirement that they continue working without pay during the shutdown.

Please select this link to read the complete article from Associations Now.