CISA Asserts Fired Workers Do Not Qualify for Union Protections
The Cybersecurity and Infrastructure Security Agency (CISA) has informed a federal judge that it is adhering to a court order that prohibits layoffs during the ongoing government shutdown. This comes even as the agency sent out termination notices to 54 employees in the stakeholder engagement division. CISA holds that these employees are not covered by union protections stipulated in the court order.
On November 4, Madhu Gottumukkala, the acting director of CISA, presented a declaration indicating that layoff notices had been issued on October 11 to more than four dozen employees responsible for building external partnerships. Critics have condemned this action as a potential threat to the agency’s ability to effectively collaborate with private sector partners. A preliminary injunction, which was reinforced by a federal judge in San Francisco, prevents any agency from terminating workers represented by national civil service unions during the shutdown.
Gottumukkala emphasized that none of the impacted branches of CISA contain employees that fall under the union protections mandated by the injunction. This legal order specifically prevents the issuing of reduction-in-force notices for any office that includes even one member of the eight national civil service unions, including the American Federation of Government Employees.
In an effort to remain compliant with legal requirements while the case progresses, CISA has stated that it will submit a second set of compliance declarations by November 12, addressing any corrective measures taken in light of the layoffs. Marci McCarthy, CISA’s director of public affairs, highlighted the agency’s commitment to its mission amid a historically severe shutdown initiated by the current administration.
It has been reported that CISA is currently functioning with only approximately 35% of its total workforce, a situation exacerbated by the broader federal effort to downsize government operations. Experts and former officials assert that these circumstances may undermine national cybersecurity capabilities. Nitin Natarajan, once deputy director of CISA, remarked on the critical risk to operational capacity due to a loss of skilled personnel, indicating that rebuilding such capabilities is a complex process.
Gottumukkala detailed the specific branches within the stakeholder engagement sector that were affected by the layoffs, asserting that all of them lack individuals protected under the union injunction. The stakeholder engagement division plays a crucial role in CISA’s coordination with state and local governments, critical infrastructure operators, and initiatives designed to fortify both public and private sector defenses against cyber threats.
Congress has not yet identified a feasible resolution for the ongoing government shutdown, a situation that continues to impair federal agencies’ abilities to respond effectively to significant cybersecurity incidents. The impacts of layoffs and reduced workforce during such a critical period may have lasting implications on national security and resilience against cyber threats.
