“Congress has given the authority to hire and fire to the agencies themselves. The Department of Defense, for example, has statutory authority to hire and fire,” Alsup said from the bench as he handed down the ruling Thursday evening in San Francisco federal court. “The Office of Personnel Management does not have any authority whatsoever under any statute in the history of the universe to hire and fire employees at another agency. They can hire and fire their own employees.”
A group of union plaintiffs and advocacy organizations led by the American Federation of Government Employees, which represents about 800,000 federal workers nationwide, argued in legal filings that the U.S. Office of Personnel Management (OPM) broke the law when it ordered government agencies in mid-February to fire all probationary employees, defined as those who are in the first or second year on the job.
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