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Bureaucrats Hunker Down and Protect Themselves in Anticipation of a Trump Victory

Joe Biden’s Office of Personnel Management took a big step Thursday toward preventing a new Trump administration from uprooting a hostile and disloyal federal civilian workforce. In a notice published in the Federal Register, OPM effectively killed the concept of a “Schedule F” employee created by President Trump during his first term’s waning hours. That classification covering policy-related positions would have involuntarily reclassified tens of thousands of civil service employees from essentially tenured positions with significant employment protections to a new category of “at will” employment.

The order would create a new Schedule F within the excepted service of the federal government, to be composed of “employees in confidential, policy-determining, policy-making, or policy-advocating positions,” and instructs agency heads to determine which current employees fit this definition and move them—whether they are members of the competitive service or other schedules within the excepted service—into this new classification. Federal regulations stating that employees hired into the competitive service retain that status even if their position is moved to the excepted service will not apply to Schedule F transfers.

Positions in the new Schedule F would effectively constitute at-will employment, without any of the protections against adverse personnel actions that most federal workers currently enjoy, although individual agencies are tasked with establishing “rules to prohibit the same personnel practices prohibited” by Title 5 of the U.S. Code. The order also instructs the Federal Labor Relations Authority to examine whether Schedule F employees should be removed from their bargaining units, a move that would bar them from being represented by federal employee unions.

“Except as required by statute, the civil service rules and regulations shall not apply to removals from positions listed in Schedules A, C, D, E, or F, or from positions excepted from the competitive service by statute,” the order states.

Joe Biden suspended implementation of this reorganization shortly after taking office. Today’s OPM action reverses that Executive Order.

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