The executive orders gave directives to agencies to reduce the amount of time to allow under-performing employees to improve or face termination. The maximum number of days for the probation period would have gone from 120 days to a maximum of 30 days. The orders also sought to limit the ways employees could refute performance evaluations.
Additionally, federal employees would have been limited in the amount of official time they could use for union business during work hours.
“We are very pleased that the court agreed that the president far exceeded his authority, and that the apolitical career federal work force shall be protected from these illegal, politically motivated executive orders,” Sarah Suszczyk, the co-chair of a coalition of government-workers unions, said in a statement.
Unions argued in their legal complaint that the executive orders were illegal. Their argument held that federal law requires the rules to be negotiated by government agencies and the unions that represent their employees.
Further, they argued that the president lacks the authority to override the federal law in these instances.
Judge Ketanji Brown Jackson wrote that most of the key provisions in the executive orders would “conflict with congressional intent in a manner that cannot be sustained.”
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