In late January, a memo concerning bargaining obligations was issued to the heads of all federal departments and agencies. This memorandum required agencies to revise their telework policies and advise OPM of the date the agency will fully comply with the President’s executive order to return to in-person Work.
According to the Federal Labor Relations Authority (FLRA), management rights include the right to determine the frequency of telework and whether specific positions may telework at all.
Unionization is widespread across the federal government, and more than half are unionized. The Office of Personnel Management lists over 100 unions representing the federal workforce.
A U.S. District Judge in Boston issued a temporary restraining order on the President’s Deferred Resignations Directive to allow labor unions time to challenge the plan’s legality and set a hearing for Monday, February 10.
Federal Service Unions
Federal employees were allowed to unionize in 1962 when President John F. Kennedy issued Executive Order 10988. This order granted federal employees the right to form, join, or assist labor organizations.
President Richard Nixon issued Executive Order 11491 in 1969, which expanded the rights granted by the previous Executive Order and established the Federal Labor Relations Council. This organization administers labor-management relations in the federal government.
Federal managers and supervisors, employees in confidential positions, and those who work in national security, auditors, personnel specialists, and other sensitive positions are prohibited from joining unions.
Federal law does not protect public employees’ right to unionize. Executive orders can be canceled by subsequent administrations, and we saw this in both the Biden and Trump administrations. Both canceled most of their predecessors’ executive orders!
Executive orders initiate change. Congress must pass laws to perpetuate the practices necessary to provide stability and continuity of services.
Telework Eligibility
According to OPM’s memo, provisions of collective bargaining agreements that conflict with management rights are unlawful and cannot be enforced. It further states, “The agency head’s ability to set overall telework levels and to exclude specific positions from telework eligibility under the Telework Enhancement Act are exercises of management rights to determine the agency’s mission and organization, direct employees, and assign work.”
Unions can negotiate procedures for determining individual telework eligibility within authorized telework levels and appropriate arrangements for employees whose telework eligibility is altered.
Remote and Telework Legacy & Issues
Much of the Federal workforce worked remotely or teleworked during the COVID epidemic. According to OPM’s 2023 annual government-wide survey, two-thirds of federal employees were still teleworking to some degree, and agencies were reconsidering their pandemic-era work policies.
The recent House Oversight Committee investigation into the prolonged pandemic-era telework policies revealed that agencies are failing to fulfill their responsibilities, and Americans are suffering from poor service.
Others suggest that properly implementing telework and remote work could enhance productivity, retain and attract new talent, improve work-life balance, build morale, and provide cost savings for the government overall.
A bipartisan compromise would realistically limit telework and remote work opportunities and uphold ethical standards through performance monitoring, clear expectations, and security measures to protect sensitive information for those using government computers while working from home.
The Ongoing Struggle
The one constant in life is change; for many, returning to the office full-time will create hardship and anxiety. Before the pandemic, in-person work was the norm, and telework and remote work were the exception and a privilege when they were approved for a small number of employees.
Before the pandemic, employees reported to work sites, made the necessary accommodations for child or elder care, and knew what was expected. Management accommodated what they could to help employees deal with unusual situations, adjust schedules, and extend leave when possible.
Employees had no control over the pandemic and did what they were directed to do; new norms were formed, and families became accustomed to their new work-life norms. Many were hired solely for remote work, and the agencies agreed to those appointments, knowing the new employees lived outside their commuting area—often a thousand miles away!
Many who report back to work in major metropolitan areas may not have suitable parking. Families made home purchases knowing their salaries were going farther because they weren’t commuting to work daily and were saving on child care and other expenses.
Now that the pandemic is fortunately behind us, many people will have to return to the office. Otherwise, you have viable options, including accepting a regular, early, or deferred retirement if eligible or taking advantage of the deferred resignation offer.
