Administrative Judiciary and Federal Lawyers-Navigating the Current Employment Environment to Preserve our Position and Serve the Public (Presented by the Federal Bar Association Judiciary Division and Labor & Employment Law Section)

This session examines the unprecedented challenges facing administrative law judges, including return-to-office orders, elimination of collective bargaining rights, and mass terminations. Attendees will learn about the MSPB process for ALJs, including formal discipline procedures, the grievance process, Douglas factors in penalty analysis, and available resources through the Office of Special Counsel and EEO.

This session analyzes key executive orders reshaping the federal employment landscape, including EO 14171 ending clean record settlements and EO 13957 creating Schedule Policy classifications. Participants will understand how EO 14251 forecloses negotiated grievance processes and the practical implications for administrative judges facing adverse actions.

This session explores the Jarkesy decision and its constitutional challenges to ALJ removal protections, examining the current circuit split on whether multiple layers of protection are unconstitutional. Attendees will learn about core job protections for administrative judiciary and federal attorneys, including due process property interests established under Loudermill.

This session examines the Thunder Basin doctrine as the gatekeeper for channeling claims through agency review schemes before judicial review. Participants will analyze the significant circuit split between the D.C. Circuit and Fourth Circuit approaches, with implications for unions and individuals seeking to bypass administrative processes.

This session covers dramatic changes at the FLRA, including closure of CADRE, dissolution of the Division of Judges, and regional office closures reducing access to dispute resolution. Attendees will learn about the current state of MSPB, case filing trends, and recourse options remaining for federal attorneys and bargaining unit members.

This interactive session addresses practical questions including effective approaches to MSPB penalty analysis, distinguishing legitimate agency action from prohibited personnel practices, and key differences between ALJs, AJs, and IJs. Resources such as the Rise Up Federal Workers Legal Defense Network and guidance on the current settlement environment will be shared.