On March 24, U.S. District Court for the Northern District of California entered an order addressing subject matter jurisdiction in a case involving unions and federal employee terminations following President Trump’s Executive Order 14210, which led to widespread federal terminations of probationary employees. Initially, the court followed the decisions of other district courts holding that such claims must be channeled through the Merit Systems Protection Board (MSPB) or the Federal Labor Relations Authority (FLRA). Upon further review, however, the court reversed its earlier decision, asserting that it does have subject matter jurisdiction over the claims brought by public-sector unions concerning federal employee terminations.

The court considered the three factors under the Thunder Basin Coal Co. test to determine whether an exception exists for a district court to have jurisdiction over a federal claim. The court began with the nature of the unions’ claims, which alleged the Office of Personnel Management (OPM) acted beyond its authority by directing mass terminations of probationary employees under the guise of performance issues. The court concluded that such claims alleging that OPM acted ultra vires were outside the MSPB and FLRA’s expertise, collateral to the types of claims brought before the MSPB and FLRA, and would be precluded from meaningful judicial review if not heard in district court as probationary employees lack the right to appeal to the MSPB, and the FLRA is unable to review grievances about a government-wide rule.

The court determined that it has jurisdiction to hear the unions’ claims, as well as the organizational plaintiffs’ claims.