AFSCME sues Labor Department over rule ending merit staffing for job centers
Rule ChangesUnion challenges rule that would end merit-based hiring for state-run job-search offices
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Overview
Updated 52 minutes agoThe American Federation of State, County and Municipal Employees sued the U.S. Department of Labor on September 10 over a rule that scraps merit-based hiring for staff running the nation's job-search program. The Employment Service, a federal-state partnership created in 1933, helps unemployed Americans find work through state-run job centers.
AFSCME says the rule change violates the program's statutory mandate and is arbitrary and capricious under the Administrative Procedure Act. The case, filed in federal court in Washington, D.C., is the latest in a series of union lawsuits challenging the Trump administration's moves to weaken civil service protections.
Why it matters
If the rule stands, America's job centers could hire staff without merit-based selection, replacing career civil servants with political appointees or contractors.
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People Involved
Organizations Involved
The largest public-sector union in the United States, representing about 1.3 million workers.
The federal agency that funds and sets standards for the Employment Service program.
A federally funded program in which states operate job-search and related services for workers.
Timeline
June 1933 September 2026
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AFSCME files lawsuit against DOL
Latest LegalUnion sues in U.S. District Court for the District of Columbia, citing Administrative Procedure Act violations.
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DOL issues final rule ending merit staffing
Rule ChangeThe Department of Labor publishes a final rule removing merit staffing requirements for Employment Service workers. Exact date not stated in sources.
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Wagner-Peyser Act creates the Employment Service
LegislationLaw establishes the federal-state job-search program and requires merit-based hiring for its staff.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
Wagner-Peyser Act and the New Deal employment system (1933)
Congress created the Employment Service to coordinate job placement through state offices during the Depression. The law made merit-based staffing a condition of federal funding, a response to patronage abuses in earlier state employment systems.
States built a nationwide network of job centers under federal standards.
Merit staffing became a cornerstone of the program, surviving intact for 93 years until this rule change.
The current dispute turns on whether DOL can unilaterally undo a staffing standard that has been law since the New Deal.
Federal employee union challenges to 2018 executive orders
Trump signed executive orders restricting federal employee union rights and speeding up disciplinary firings. AFGE and other unions sued, arguing the orders violated federal labor law and exceeded executive authority.
The Federal Labor Relations Authority struck down the union-representation portions in 2019.
Courts reaffirmed that agencies cannot unilaterally rewrite civil service rules without statutory authority, a precedent the current suit invokes.
The AFSCME case relies on the same legal principle: agencies cannot waive statutory requirements through rulemaking alone.
Schedule F executive order (October 2020)
Trump signed an executive order reclassifying tens of thousands of career policy-making federal employees as at-will, stripping them of civil service protections. Unions and oversight groups challenged the order as a violation of the merit system principles.
The order never took full effect before Trump left office.
Biden rescinded it in January 2021. The episode became a template for subsequent attempts to weaken federal worker protections.
This DOL rule is part of the same effort to dismantle merit-based hiring in the federal government, renewing a fight unions won in the prior administration.
