Trump's return-to-office memo doesn't override telework protections in HHS union contract - Maryland Matters

"A third-party arbitrator has ordered the Department of Health and Human Services to walk back its return-to-office mandate for thousands of employees represented by one of its unions. Arbitrator Michael J. Falvo ruled on Monday that HHS must "rescind the return-to-office directive," and immediately reinstate remote work and telework agreements for members of the National Treasury Employees Union. HHS rescinded those workplace flexibility agreements early last year, after President Donald Trump ordered federal employees to return to the office full-time."

"Falvo found that HHS committed an unfair labor practice by unilaterally terminating telework and remote agreements, without regard to its five-year collective bargaining agreement with NTEU. The labor contract, which covers 2023 through 2028, says the agency can only terminate telework and remote work agreements "for cause," including emergency situations and cases when an employee falls short of a "fully satisfactory" performance rating."

"The ruling will impact thousands of HHS workers represented by NTEU. It represent workers at the Food and Drug Administration, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Administration on Community Living, the Health Resources and Services Administration, the National Center for Health Statistics and the HHS Office of the Secretary. Falvo also ordered HHS to post a signed notice, "admitting that the agency violated the statute by repudiating the collective bargaining agreement." The arbitrator wrote that his ruling does not limit NTEU from "seeking additional remedies to the extent permitted by law." HHS officials argued that Trump's return-to-office memorandum supersedes the collective bargaining agreement."

An arbitrator ordered HHS to rescind its return-to-office directive and immediately reinstate remote work and telework agreements for National Treasury Employees Union members. HHS ended those agreements after a presidential memorandum directing federal employees to return to office full-time. The arbitrator found HHS committed an unfair labor practice by unilaterally terminating telework agreements without complying with the five-year collective bargaining agreement covering 2023–2028, which permits termination only for cause, such as emergencies or a less-than-fully-satisfactory performance rating. The ruling affects thousands of HHS employees across multiple agencies and requires HHS to post a notice admitting the violation.

Read at Maryland Matters