The Solidarity Docket
Weekly Dispatch from Suzanne Summerlin, General Counsel
November 20, 2025
In a time of rapid change inside the federal workforce, clarity and vigilance matter more than ever. This week brings several developments with major implications for federal employees, union rights, and agency accountability.
Schedule P-C: New Rule, Union Pushback, and a Wave of Lawsuits
The administration has finalized regulations to revive and expand Schedule P-C (formerly known as “Schedule F”) asserting that longstanding civil-service protections are “unconstitutional overcorrections” that limit presidential control over the executive branch.
The rule would allow agencies to reclassify large categories of policy-related career positions into an at-will status, stripping them of due-process rights and MSPB appeal protections.
Federal unions have already begun a multi-front legal and legislative response:
AFGE, NFFE, and other unions have publicly opposed the rule as an assault on the merit system and a direct threat to nonpartisan public service.
A coalition of unions have already filed suit challenging the legality of Schedule P-C on statutory and constitutional grounds — including violations of 5 U.S.C. Chapter 75, the Civil Service Reform Act, and merit-system principles. You can follow those lawsuits in our Litigation Tracker.
NTEU filed a new lawsuit this week, arguing that OPM’s rule exceeds its regulatory authority, conflicts with merit-system protections Congress has already codified, and unlawfully places career civil servants at risk of politically motivated removal. The complaint contends that the rule would enable precisely the type of partisan purge Congress has repeatedly rejected.
Multiple unions have also urged Congress to pass legislation that would block the rule’s implementation outright.
Taken together, the challenges reflect a unified stance from federal labor: Schedule P-C represents a fundamental restructuring of the civil service and an existential risk to nonpartisan governance. Litigation and congressional action will continue to shape the rule’s fate in the coming weeks. Read more →
House Lawmakers Force Vote on Bill Nullifying Anti-Union EOs
In bipartisan fashion, lawmakers have collected enough signatures to trigger a discharge petition forcing a House floor vote on legislation that would undo Donald Trump’s executive orders that stripped collective-bargaining rights from many federal employees. Reps. Mike Lawler and Nike LaLota, (both R-N.Y.), provided the final signatures needed to force a vote on legislation nullifying the edicts. Read more →
Administration Provides Updates on Back Pay & Layoffs as Workers Return
As agencies reopen, the administration has released new details on the implementation of back pay, shutdown-related layoffs, and the logistics of returning hundreds of thousands of federal employees to duty.
Key points from the government’s update:
Back pay processing is underway government-wide, but agencies differ in speed and capacity. Some payroll providers expect payments as early as this pay period; others warn processing may require additional cycles.
Agencies acknowledge widespread confusion caused by shutdown-era RIF notices, rescissions, and reassignments, and confirm they are still sorting which actions were lawful, which were reversible, and which were plainly improper.
The administration reiterated that all furloughed and excepted workers are entitled to full back pay under the Continuing Appropriations Act, including premium pay for hours they would have worked.
The government also conceded that the rapid issuance of ~4,000 RIF notices “introduced unavoidable errors” and that agencies are still evaluating affected cases.
Agencies are continuing phased returns, with some offices reopening immediately and others requiring a staged process due to backlogs, safety checks, IT downtime, or building access issues.
USDA Employee Faces Retaliation After Speaking Out on SNAP During Shutdown
A civilian employee at the United States Department of Agriculture (USDA) is fighting for reinstatement after speaking publicly about the impact of the shutdown on SNAP benefits. The move raises significant concerns around retaliation, free-speech rights for federal workers, and union representation. Read more →
Small Business Administration Told Laid-Off Employees They Could Return — Then Rescinded That Offer
In a striking example of workforce instability, the SBA initially informed laid-off employees that they could return to their jobs after the shutdown ended — only to rescind the offer one day later. This underscores the ongoing uncertainty federal workers face in the aftermath of the shutdown. Read more →
Analysis from Our Own Expert Attorney, Keir bickerstaffe
Many of you have met or worked with Keir Bickerstaffe during our clinics, he is one of our expert volunteer attorneys and a trusted resource on shutdown-related employment law. This week, Keir authored a detailed analysis on the lingering uncertainty federal employees face even after shutdown-era RIFs were rescinded.
He explains that although thousands of RIF notices have now been withdrawn, some actions that became effective before October 1 may still be treated differently by agencies unless Congress intervenes. The piece walks through how these gaps emerged and why federal employees should remain attentive during the transition back to full operations.
In Solidarity
These stories paint a clear picture: even as the shutdown is over, the federal workforce enters a phase of recalibration, realignment, and risk.
The re-emergence of Schedule F-style classifications threatens to undermine merit-based protections.
The turn-in-Congress toward restoring collective-bargaining rights opens a pathway — but also triggers political pressure.
Individual workers who speak truth to power — particularly in shutdown‐formatted crises — face retaliation, which counsels caution and preparedness.
Oversight and ethics complaints filed during the shutdown will shape the accountability landscape going forward.
Agencies remain capable of sudden reversals — as seen with the SBA’s “return offer” and rescission — emphasizing the need for rapid, flexible legal help.
Federal workers and their advocates are entering a period where long-standing protections are being tested in new ways. We’ll continue to follow each development and provide the context workers and their advocates need to navigate it.
In solidarity,
Suzanne Summerlin
General Counsel, Rise Up: Federal Workers Legal Defense Network
