02/04/2025
Matt Biggs, president of the IFPTE, responded to the news by citing an excerpt from Title 5 of the U.S. Code that states that the enforcement of a presidential policy or regulation that conflicts with a union contract constitutes an unfair labor practice. According to federal law, only the enactment of legislation passed by Congress requires unions to return to the bargaining table to negotiate how policy changes are implemented; agencies must wait until previously agreed upon reopener dates to implement policies issued via executive order, new regulations or guidance memos.
“They claim telework agreements are unlawful—not true—and the amazing thing is they do it in a memo which does not carry the force of law,” he said. “They want to unilaterally rewrite the law.” https://bit.ly/3CFkCKj
A new memo instructing agencies to cease enforcing union-negotiated telework policies under the guise of “management rights” could portend future assaults on collective bargaining.