On February 26th, 2025, the NAAE President and Vice President received a “Courtesy Notice” titled “Return to Work”. Due to the vague nature of this notice, NAAE requested a briefing to clarify if the proposed “Return to Work” policy would effect all Teleworkers & Remote Workers, and if so, in what manner. After receiving a written response to this briefing, it was made clear to NAAE this change would effect any BUE who teleworked at any level, and that the agency believed they had no obligation to negotiate such a change with NAAE. According to 5 USC 7106 – Management’s Rights, the agency has the exclusive right to direct employees in the agency, to assign work, and to determine the personnel by which agency operations will be conducted. However, NOTHING in 5 USC 7106 shall preclude any agency (PPQ) and any labor organization (NAAE) from negotiating-
1. Procedures which management officials of the agency will observe in exercising any of their management rights; or
2. Appropriate arrangements for employees adversely affected by the exercise of their management rights
Therefore, NAAE believes the agency MUST negotiate the impact & implementation of this change. On March 12th, 2025, NAAE submitted numerous proposals to the agency, as well as a request for information, to ensure that we retain our right to engage in collective bargaining with the agency.
According to Article 23 of our Green Book, negotiations will commence within (30) calendar days after receipt of our proposals. During negotiations, the union is under no obligation to reach agreement when there is an outstanding request for information from the agency. No individual proposed changes will be implemented until all proposals have been negotiated to agreement or through resolution by the Federal Service Impasse Panel, to the extent required by and in accordance with law.
NAAE does not know how these negotiations are going to play out. We do not know if the agency will obey the aforementioned provisions of our Collective Bargaining Agreement. According to the February 3rd OPM memo Guidance on Collective Bargaining Obligations in Connection with Return to In Person Work, “Any midterm bargaining should occur post-implementation”. No matter what, NAAE is going to ensure that the concerns of our Bargaining Unit are heard, a collectively bargained agreement is reached, and that the agency knows We Never Stopped Working!