Advocates for federal workers overwhelmingly voice objection to the reinstatement of Schedule F
On Friday, September 17, 2021, two major unions, the American Federation of Government Employees (AFGE) and the National Treasury Employees Union (NTEU), submitted comments opposing the Office of Personnel Management's (OPM) rule proposing the reinstatement of Schedule F and the removal of tenure protections for tens of thousands of federal employees.
The unions argue that the plan jeopardizes the merit system that underpins the federal civil service. They claim that the effective functioning of agencies relies on adverse action protections for civil servants like scientists, forecasters, and statisticians. The National Treasury Employees Union has even taken legal action to block Schedule Policy/Career, the renamed version of the controversial policy.
A coalition of more than 100 nonprofits and advocacy groups, led by Democracy Forward and Protect Democracy, has also filed comments opposing the regulations. They warn that the measure would undo more than a century's worth of federal law aimed at protecting the federal workforce from politicization and favoritism.
The Public Employees for Environmental Responsibility (PEER) states that statutory adverse action rights allow civil servants to challenge removals from service, suspensions, or demotions, protecting them from political reprisal. They warn that the OPM's plan could have a chilling effect on employees whose job is to inform policymakers.
The Environmental Protection Network shares similar concerns, stating that the OPM's proposal would obliterate the distinction between political appointees and career workers in policy-making positions. They explain that under OPM's proposal, all employees, from first-line staff to management positions, could be considered 'policy-determining or policy-making' positions and assigned to the proposed Schedule Policy/Career.
The proposed rule, titled 'Improving Performance, Accountability and Responsiveness in the Civil Service', is also opposed by former OPM director Rob Shriver, who served during the Biden administration. He states that the president cannot dismantle the safeguards of the federal civil service "just to install loyalists".
As of Friday afternoon, more than 30,000 comments have been submitted, with the vast majority opposing the proposal. The deadline for public input on the plan is Saturday. The plan, if implemented, could impact up to 50,000 federal workers, but experts warn the actual figure could be higher.
These developments come after the Trump administration proposed rules to reinstate Schedule F and strip civil service protections from federal employees. The coalition warns that the measure would undermine the career civil service, a cornerstone of American democracy.
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