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New union lawsuit challenges USDA reorganization

The general counsel for the American Federation of Government Employees says a federal judge is considering a temporary pause to the USDA’s reorganization plan.

Rushab Sanghvi says four unions representing Department employees, joined by nonprofit organizations and cities and counties from across the country, filed a new suit after a federal judge issued a ruling last week that allowed the USDA to proceed with relocating thousands of workers.

“We’re arguing that the reorganization is against the law.”  He says, “Congress clearly prohibited this reorganization in its appropriation statutes. We’re also arguing that it is unconstitutional because they are taking the power that Congress has to appropriate funds.”

He says the suit also claims the plan violates the Administrative Procedures Act.

“It has to make sense. If you look at what USDA is doing here, they’re not doing this for any efficiency’s sake. It’s just sort of all over the map.”  He says, “It’s going to harm USDA’s ability to perform its mission to service the farmers and to keep our food safe.”

Sanghvi tells Brownfield that the unions are seeking a decision prior to September 18^th, which is a relocation deadline facing some employees.

“The new judge assigned to this case immediately held the status conference and said, ‘Hey, I need a little bit more time to consider all of these papers,’ so the judge said he’s going to issue a stay of any moves or any decisions USDA personnel have to move and that stay will be in place until October 2^nd.”

The next status hearing in the case is set for September 29^th.

The union plaintiffs are the American Federation of Government Employees, AFL-CIO (AFGE); the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME); the National Federation of Federal Employees, IAM, AFL-CIO (NFFE); and the National Treasury Employees Union (NTEU).

The full coalition also includes the County of Santa Clara, California; the City and County of San Francisco, California; Prince George’s County, Maryland; the Alliance of Crop, Soil and Environmental Science Societies; the American Geophysical Union; the Coalition to Protect America’s National Parks; NRDC (Natural Resources Defense Council); and Western Watersheds Project.

AUDIO: Rushab Sangvhi – AFGE