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Freedom of speech is a fundamental right we all still retain as federal employees. This freedom under the 1st amendment protects our ability to speak freely to the public while in our capacities as private citizens on matters that are of public concern (including sharing non-controlled information on matters of public concern which we have access to due to our unique roles as federal employees) when it does not interfere with, and is not a part of our ordinary job duties (see: 1 & 2). Whistleblower protection laws also further protect federal employees from retaliation for public disclosures of certain types of whistleblower information. Recently a federal union president, Ellen Mei, of the National Treasury Employees Union (NTEU) representing employees at the Department of Agriculture (USDA) was given notice she would be fired in retaliation for a press interview she did warning the public about the government shutdown’s impacts to SNAP benefits. GESTA leadership has signed on to the petition protesting her firing for this protected speech, and you can also add your name to this petition, which has been organized by the Federal Union Network, at this link.
We want to provide clarification on your right as a federal employee to petition and provide information to Congress including on issues impacting the federal workplace, Goddard and NASA. The right to do so is protected by law under 5 USC 7211 which states "The right of [US government] employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied." Note such activity is not partisan/political activity since it is not advocating for the election/non-election of a particular individual or a particular party to a political position and is therefore not subject to Hatch Act restrictions.
Below we provide a step-by-step walk through of the NASA Office of Inspector General (OIG) Hotline page for reporting information and concerns related to crime, waste, fraud and abuse.
On October 15th, a judge in the US District Court ruled in a lawsuit brought by federal labor unions, that recent layoffs by the Trump administration during the shutdown were illegal, and placed at least a temporary halt on those actions and any future Reduction and Force (RIF) actions across the federal government impacting employees under those unions during a shutdown. In response to this ruling, NASA Chief Human Capital Officer, Kelly Elliot made a declaration in court on October 17th that NASA would abide by this ruling. On October 21st the lawsuit was amended to add additional unions and plaintiffs, including IFPTE, the international union under which GESTA is a local. And on October 22nd, the judge in the case ordered that the temporary restraining order be expanded to include those additional agencies and unions. The restraining order was extended by the judge “indefinitely” on October 28th. The bottom line is that under this amended lawsuit and restraining order, NASA is now prevented from carrying out RIF actions impacting GESTA or other NASA IFPTE employees during this shutdown. Note the direction by the judge in this case is that this ruling applies even though NASA and other agencies may no longer be recognizing union bargaining rights. If interested, you can follow this case on Court Listener.
On October 8, 2025, our parent union, IFPTE, filed a lawsuit in District Court against the Trump Administration’s August 28th executive order which targeted NASA and other federal agencies, revoking union bargaining rights for GESTA and other NASA unions by claiming that NASA’s primary purpose was national security. This IFPTE lawsuit argues that not only is NASA’s purpose clearly not primarily national security, but that NASA unions were illegally targeted in retaliation for pushing back against the administration's actions. The lawsuit names as plaintiffs, President Trump and Acting NASA administrator Sean Duffy and asks the implementation of the Executive Order be halted and for NASA union rights to be restored. You can read the full complaint here and IFPTE’s press release on the lawsuit here. The lawsuit has also been covered in the press. We will keep our members posted on this ongoing litigation which directly impacts their rights. Members can also track the status of this case on Court Listener, where many of the case documents, including any future rulings will be posted.
We want to pass on information on how to submit a request for Reasonable Accommodations. This information may be especially relevant given the widespread office moves occurring across NASA Goddard and the unsubstantiated changes to the implementation of the Agency’s telework policies. This is information from the Goddard Disability Program Office as shared with a GESTA member:
We have not received any indication of an imminent Reduction in Force (RIF) including involuntary separations by the NASA agency and as noted above any potential RIFs during a shutdown are paused by court. However, we want to provide updated guidance on your rights during a RIF, specifically regarding your appeal options for any RIF actions (see our prior blog post). Prior to the August executive order abrogating NASA’s unions rights, the only option for appealing an improper RIF notice (unless discrimination is involved) was to file a negotiated grievance through our bargaining agreement grievance procedure. Now that the agency is no longer recognizing our Collective Bargaining Agreement (CBA), the primary channel instead is to file an appeal through the Merit System Protection Board. Keep in mind that Merit System Protection board appeals must be filed 30 calendar days from the date of the effective action or termination date. Representation during the appeal process is also allowed (and encouraged by GESTA). Note free and reduced cost legal advice for federal employees is available through the Rise Network. GESTA is also available to help connect you with a lawyer if you need help. Note if there is any injunction or ruling in IFPTE's pending lawsuit and the agency recognizes our bargaining rights once again, the proper appeal method would switch back to negotiated grievance procedures, which have a deadline of 15 work days from the date of the effective action. Although we hope they will not occur, in the event RIFs do occur at NASA Goddard, GESTA will be in touch to provide more guidance and host training opportunities for our members on the details of RIF appeals.
GESTA members attended a whistleblower training on October 9th, sponsored by the Federal Union Network (FUN). We heard from a federal employee whistleblower who, in coordination with other employees, alerted Congress, the public, and legal agencies, of various activities, including those violating civil rights laws going on at the Department of Housing and Urban Development (HUD) (1, 2). The whistleblower emphasized the importance of an organized approach to whistleblowing, especially in the current environment where whistleblowers have a higher risk of illegal retaliatory firing if they come forward publicly. Our presenter from HUD was in fact fired for his public whistleblower activity (using his name attached to the claims to legitimize them ). We are grateful for his commitment to public service and the rule of law.
Below are some experiences and potential tactics shared from the presentation: |
GESTA IFPTE
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