Trump administration declares union telework provisions 'unlawful'
In a memo issued on Monday, the Office of Personnel Management asserted that permitting government employees to telework is a “management right” that does not fall under the scope of collective bargaining.
TroibNews 
The Trump administration announced on Monday that the union contract language permitting government employees to telework is invalid, marking a significant escalation in its strategy to exert control over the federal workforce.
The Office of Personnel Management (OPM) released a guidance document that asserts the availability of telework and the positions eligible for this flexibility fall under “management rights,” which are beyond the scope of collective bargaining.
“Provisions of collective bargaining agreements that conflict with management rights are unlawful and cannot be enforced,” OPM’s memo states in bolded text.
This memo is expected to intensify tensions between the White House and the various labor unions representing government employees. In some cases, these unions have worked to secure protections for telework provisions in collective bargaining agreements.
President Donald Trump and Republican lawmakers have expressed strong discontent with such terms, particularly those established during the latter part of the Biden administration, arguing that they hinder government operations and are prone to misuse.
In the memo issued on Monday, OPM directed agencies to review the telework and remote work aspects of their current contracts “to determine if any provisions are unenforceable.” It highlights that previous rulings from the Federal Labor Relations Authority, which handles internal labor disputes, permit agencies to deem such provisions “unenforceable” and no longer obligated to comply with them.
OPM also indicated that “provisions that require agencies to provide minimum telework levels, or prevent agencies from setting maximum telework levels are likely unlawful.”
This new guidance paves the way for the Trump administration to intensify efforts to have federal workers return to their offices, in line with a directive issued by the president on Inauguration Day. The announcement comes just days before the administration's deadline for federal workers to apply for “deferred resignation,” which would exempt them from the mandate to return to the office while still keeping them on the payroll until September 30. Additionally, the administration has recently introduced an early retirement option for some federal workers in an attempt to encourage voluntary exits.
Labor unions and certain Democratic officials have actively urged federal workers to reject the Trump administration’s offerings, citing concerns about the administration's reliability in honoring its commitments and questioning its legal authority to provide these options.
During a bill signing last week, Trump suggested that numerous federal workers “will be terminated” if they fail to return to their offices by February 6.
“We think a very substantial number of people will not show up to work, and therefore our government will get smaller and more efficient, and that’s what we’ve been looking to do for many, many decades,” he stated.
Aarav Patel contributed to this report for TROIB News
The Office of Personnel Management (OPM) released a guidance document that asserts the availability of telework and the positions eligible for this flexibility fall under “management rights,” which are beyond the scope of collective bargaining.
“Provisions of collective bargaining agreements that conflict with management rights are unlawful and cannot be enforced,” OPM’s memo states in bolded text.
This memo is expected to intensify tensions between the White House and the various labor unions representing government employees. In some cases, these unions have worked to secure protections for telework provisions in collective bargaining agreements.
President Donald Trump and Republican lawmakers have expressed strong discontent with such terms, particularly those established during the latter part of the Biden administration, arguing that they hinder government operations and are prone to misuse.
In the memo issued on Monday, OPM directed agencies to review the telework and remote work aspects of their current contracts “to determine if any provisions are unenforceable.” It highlights that previous rulings from the Federal Labor Relations Authority, which handles internal labor disputes, permit agencies to deem such provisions “unenforceable” and no longer obligated to comply with them.
OPM also indicated that “provisions that require agencies to provide minimum telework levels, or prevent agencies from setting maximum telework levels are likely unlawful.”
This new guidance paves the way for the Trump administration to intensify efforts to have federal workers return to their offices, in line with a directive issued by the president on Inauguration Day. The announcement comes just days before the administration's deadline for federal workers to apply for “deferred resignation,” which would exempt them from the mandate to return to the office while still keeping them on the payroll until September 30. Additionally, the administration has recently introduced an early retirement option for some federal workers in an attempt to encourage voluntary exits.
Labor unions and certain Democratic officials have actively urged federal workers to reject the Trump administration’s offerings, citing concerns about the administration's reliability in honoring its commitments and questioning its legal authority to provide these options.
During a bill signing last week, Trump suggested that numerous federal workers “will be terminated” if they fail to return to their offices by February 6.
“We think a very substantial number of people will not show up to work, and therefore our government will get smaller and more efficient, and that’s what we’ve been looking to do for many, many decades,” he stated.
Aarav Patel contributed to this report for TROIB News
