The Office of Personnel Management (OPM) has directed federal agencies to reject existing collective bargaining agreements regarding telework, claiming these infringe on management rights. In a memo, OPM Acting Director Charles Ezell contended that the scope of telework policies is a management right and should not be subject to union negotiation. Legal experts argue this interpretation oversimplifies labor law, noting that management rights can still be negotiated under certain conditions, thus raising concerns over the legality of the OPM’s directive.
"Provisions of collective bargaining agreements that conflict with management rights are unlawful and cannot be enforced," Ezell wrote.
"Proposals that 'excessively interfere' with management rights is not permitted to be bargained over, but that doesn't mean management rights can't be bargained at all," Summerlin said.
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