The Office of Personnel Management ordered agencies to reject telework provisions in collective bargaining agreements, declaring them unlawful and outside union negotiations. Acting Director Charles Ezell claimed that the right to set telework conditions is a management prerogative. Labor experts argue this interpretation contradicts federal labor law, which allows for bargaining over management rights. Critics suggest the directive overly broadens the definition of what constitutes an infringement on management rights, and disputes could arise over whether this approach is legally justified.
Provisions of collective bargaining agreements that conflict with management rights are unlawful and cannot be enforced, including telework arrangements.
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.
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