The Solidarity Docket
Week of January 29, 2026
The January 30 funding deadline is looming. This week we cover what happens if the CR’s RIF prohibition expires, shutdown risks, and key legal developments affecting federal workers and unions.
CR Expires January 30: RIF Protections at Risk
The continuing resolution's prohibition on RIFs expires Thursday at midnight. The CR barred agencies from using federal funds to initiate, carry out, implement, or otherwise notice any reduction in force through January 30. Without renewal of that language in subsequent appropriations, agencies could proceed with RIFs that were stalled late last year and initiate new ones. There is no broad preliminary injunction currently in effect that would independently block RIFs after the CR expires.
Unions and workers retain other avenues to challenge RIFs: MSPB appeals for procedural violations (including failure to provide 60-day notice, improper retention standing calculations, or incorrect application of veterans' preference), grievance arbitration under collective bargaining agreements that remain in effect, and ongoing constitutional litigation challenging RIFs as retaliatory or in violation of due process - though that litigation does not necessarily involve injunctive relief that would block layoffs post-January 30.
We will continue monitoring whether any appropriations language extends the RIF prohibition. For the latest on lawsuits involving federal workforce issues, use our Litigation Tracker.
Shutdown Risk: DHS Funding Stalled
The Department of Homeland Security bill has emerged as the principal obstacle to agreement on funding. Some senators have indicated they will oppose any package including DHS funding without significant changes to immigration enforcement. If the impasse continues, agencies funded by bills that have not been enacted would face a partial shutdown.
FMCS Faces Third Shutdown in a Year
The Federal Mediation and Conciliation Service, which provides neutral mediators for labor-management disputes, would face its third shutdown since October if appropriations lapse. FMCS was partially restored after court orders in December vacated the administration’s attempt to eliminate the agency. FMCS provides a critical resource to workers, unions, and employers for mediating disputes over collective bargaining.
Administration Abandons Appeal in Education Case
The administration withdrew its appeal in AFT v. Department of Education, finalizing the district court’s ruling that the Department’s February 2025 “Dear Colleague Letter” (which threatened to withhold funding from schools providing DEI programming) was unconstitutional and violated the Administrative Procedures Act. Neither the letter nor the certification requirement can be enforced.
Arbitrator: Anti-Union EOs Violate “Hierarchy of Law”
Arbitrator Marvin Hill declined to dismiss a grievance between the National Association of Independent Labor (NAIL) and Scott Air Force Base, rejecting the Defense Department’s argument that the President’s executive orders stripped him of jurisdiction.
Hill wrote that “every individual who attended law school understands that a hierarchy of law exists where executive orders rank below statutes.”
Supreme Court Skeptical of Fed Removal Authority
The Supreme Court heard arguments January 21 in Trump v. Cook, challenging the President’s attempt to remove Federal Reserve Governor Lisa Cook. Justices across the spectrum expressed skepticism. Justice Kavanaugh warned the government’s position “would weaken, if not shatter, the independence of the Federal Reserve.” All three former living Fed chairs filed briefs opposing Cook’s removal.
Grundmann Seeks Dismissal; Arrington Confirmed to FLRA
Former FLRA Chair Susan Grundmann has moved to dismiss her lawsuit as moot, as her term expired and successor Charles Arrington was confirmed in December. Arrington’s earlier nomination to lead the Office of Special Counsel was withdrawn amid bipartisan concerns. He will serve on the FLRA through 2030.
We will continue tracking appropriations, court rulings, and workforce impacts as the January 30 deadline approaches.
In solidarity,
Suzanne Summerlin
General Counsel
Rise Up: Federal Workers Legal Defense Network