A federal judge in Massachusetts has denied a request from several labor unions to block the Office of Personnel Management’s (“OPM”) “Fork in the Road” directive, a controversial policy that allows certain federal employees to resign with pay through the end of the fiscal year. Judge George A. O’Toole, Jr. dissolved a temporary restraining order that had been in place and denied further preliminary injunctive relief, effectively allowing OPM to proceed with the directive.
The American Federation of Government Employees, AFL-CIO, along with other unions, filed suit against OPM and its acting director, Charles Ezell, arguing that the directive, announced on January 28, 2025, lacked a legal basis under the Administrative Procedure Act (“APA”). The “Fork Directive” permitted eligible executive branch employees to resign effective September 30, 2025, while ceasing active work and continuing to receive their salaries, all while being free to pursue outside employment.
Lack of Standing and Jurisdiction
Judge O’Toole based his decision on the unions’ failure to demonstrate a likelihood of success on the merits of their claims. He found that the unions lacked Article III standing to challenge the directive, as they were not directly impacted by it. The judge cited a recent Supreme Court ruling that an organization cannot establish standing simply by diverting resources in response to an agency’s actions. The unions argued that they were harmed by the directive through the diversion of resources to answer members’ questions, potential loss of membership, and possible reputational damage. However, the court deemed these harms as “self-inflicted” and insufficient to establish standing.
Furthermore, the court found that it lacked subject matter jurisdiction over the claims. Referencing a similar case, Am. Fed’n of Gov’t Emps., AFL-CIO v. Trump, the court applied the Thunder Basin framework, determining that Congress intended for disputes involving federal employees and their unions to be resolved through the Federal Service Labor-Management Relations Statute (“FSL-MRS”) and the Civil Service Reform Act of 1978 (“CSRA”). This framework requires administrative exhaustion before an employing agency and relevant review board, with further appeals directed to a court of appeals, not a district court.
Implications of the Ruling
The ruling allows OPM to continue with the “Fork in the Road” directive as planned. The directive has raised concerns about its potential impact on the federal workforce and the efficiency of government operations. While the unions argued that the directive would disrupt government services and undermine employee morale, OPM has defended it as a tool to streamline operations and offer employees greater flexibility.
The unions have not yet indicated whether they plan to appeal the decision.
O’Toole did not address whether the deferred-resignation program is legal.
As of February 13, 2025, approximately 75,000 federal employees have accepted the “Fork in the Road” buyout offer. This represents about 3.3% of the federal government’s 2.3 million workers. The offer, which closed to new applicants earlier this week, fell short of the White House’s initial projection of 5% to 10% participation.
