What the End of Federal Remote and Telework May Mean for You
On his first day in office, President Trump signed an executive order that ended remote work agreements across the federal government. Although the initial order was ambiguous, the Office of Personnel Management (OPM) soon clarified that the order applied to both remote work arrangements and telework. Agencies were directed to present their plans for bringing workers into the office five days per week. The changes were made in the name of “government efficiency,” even though research has shown that telework both improves efficiency and recruiting and retention. Numerous comments by officials associated with efforts to cut spending have indicated that the government is ending telework, in part, to get federal employees to resign.
Agencies have been informing federal employees of their expectations for a return to the office. Agencies have been directed to share their plans for ending telework with OPM. There is still much to be determined about each agency’s ultimate plans. Already, there have been some differences in how each agency has interpreted the guidance.
One key difference is how agencies are treating employees who are covered by collective bargaining protections. Ordinarily, the employee who is a part of a bargaining unit would have the right to file a grievance with the Merit Services Protection Board when the agency tries to unilaterally change something that is in a collective bargaining agreement. Some agencies have said that the return to office directive does not apply to employees who are covered by a collective bargaining agreement, while others have terminated remote and telework entirely without regard to any negotiated agreement. However, in recent days OPM has given guidance to agencies to simply ignore parts of a negotiated CBA if they do not agree that it is supported by law (in spite of the fact that the agency negotiated and signed the agreement)
Much remains to be seen as to how the directive will play out across each agency. However, as a federal employee with a telework agreement, you may have rights. Your telework agreement is a contract, and under federal labor law, the agency may not be able to revoke it unilaterally.
If you are covered by a collective bargaining agreement, the agency may not be allowed to unilaterally change it without negotiation with the union. An affected union could file an unfair labor practices complaint or a grievance to challenge the return to work directive if it ignores rights under a collective bargaining agreement.
One area that the directive should seemingly not be able to touch is when a worker has a telework agreement as a reasonable accommodation for a disability. If you are an employee who has this accommodation, you should request that it continues. If the agency does not grant your request, they may be violating the Americans with Disability Act, and you can file an EEO complaint against your agency.
As a federal employee, it is essential that you know your rights. If you are ordered to return to work in spite of your existing legal rights, you would need to report while the legal process unfolds. You may be able to request an exemption from your agency on one of a number of grounds. At the same time, you should consider whether to take legal action against your agency. The Civil Service Reform Act gives you protection from retaliation when you file a grievance against your agency.
Contact a Federal Employment Lawyer Today
If you have any questions about your legal rights as a federal employee in light of the blizzard of executive orders targeting the federal workforce, you should contact an employment attorney today. The federal employment lawyers at The Vaughn Law Firm can fight for your rights. Call us at 877-615-9495 or visit our website to schedule a free initial consultation with a federal employment attorney.
