The Solidarity Docket
Weekly Update from General Counsel Suzanne Summerlin
October 2, 2025
Dear Friends, Workers, and Allies:
As the shutdown enters its second day, many of you are already feeling the strain. Each week, we’ll bring you updates on the legal landscape, union actions, and key developments that impact federal workers’ rights on the job.
Shutdown Impacts on Legal Deadlines: MSPB and FLRA
Both the Merit Systems Protection Board (MSPB) and the Federal Labor Relations Authority (FLRA) have issued guidance on deadlines during the shutdown.
MSPB: All filing and processing deadlines will be automatically extended by the number of calendar days the Board is closed. This includes both initial appeals and petitions for review. No motion or “good cause” showing is required. The extension does not apply to deadlines that expired before October 1, 2025. Read MSPB’s full statement »
FLRA: Likewise, the FLRA has announced that all filing and service deadlines are extended automatically by the length of the shutdown (with exceptions where prohibited by law or regulation). Again, no request for extension is necessary. This also does not revive deadlines that passed before October 1. Read FLRA’s guidance »
Litigation Tracker
Our Litigation Tracker is fully up to date. Use it to follow the dozens of cases challenging layoffs, reorganizations, and attacks on collective bargaining rights.
White House Warns of Layoffs
According to Government Executive, the White House is warning that federal worker layoffs could occur within days if Congress fails to act. While RIFs are governed by strict statutory procedures, agencies are clearly preparing for the worst. Read more »
Pay and Benefits During a Shutdown
Federal News Network has a clear explainer on what the shutdown means for your pay and benefits:
Furloughed employees do not receive pay during the shutdown but are guaranteed back pay when government reopens (per statute).
Excepted employees must work without pay until appropriations are restored.
Health insurance and retirement benefits continue uninterrupted, though TSP contributions may be delayed.
Union and Worker Actions
NFFE has endorsed bipartisan legislation in the Senate that would restore collective bargaining rights for federal employees stripped by recent executive actions. Read NFFE’s release »
AFGE highlights the stakes at the Social Security Administration, where customer service delays can literally mean life-or-death consequences for vulnerable populations. Read AFGE’s story »
NTEU reminds the public that hundreds of thousands of federal employees are either furloughed or working without pay, urging solidarity and pressure on Congress to end the shutdown. Read NTEU’s release »
Legal Analysis: The Anti-Deficiency Act
An op-ed by Rep. Walkinshaw in MSNBC reminds us that the Anti-Deficiency Act bars the government from spending funds not appropriated by Congress—including for layoffs. This is another reason the administration cannot simply fire federal workers during a shutdown. Read the op-ed »
In Closing
This is a moment of profound uncertainty, but also of solidarity. The legal guardrails remain in place, even if they are under attack, and the labor movement is mobilizing to defend them. At Rise Up, we will continue to track these developments and fight for the rights of all federal workers.
In solidarity,
Suzanne Summerlin
General Counsel, Rise Up: Federal Workers Legal Defense Network