Trump administration tells agencies to push forward with return-to-office despite union agreements

The Trump administration’s Office of Personnel Management is sharing details on how it plans to move forward with a full return-to-office push for federal employees, despite current telework agreements with federal unions.

A memo Monday, signed by OPM Acting Director Charles Ezell, directed agencies not to implement any provisions of collective bargaining agreements that “purport to restrict the agency’s right to determine overall levels of telework.”

The memo also called any telework provisions in union contracts that limit an agency’s ability to set telework policy “likely unlawful and unenforceable,” and stated that setting telework eligibility is a “management right.”

“Provisions of collective bargaining agreements that conflict with management rights are unlawful and cannot be enforced,” the memo states.

The Trump administration’s memo Monday comes just a few weeks ahead of agencies’ deadlines to determine their return-to-office implementation plans. On his first day in office, President Donald Trump directed agencies in the executive branch to end remote work agreements and return staff to the office full-time.

But the new guidance from the Trump administration is already spurring challenges from the American Federation of Government Employees. For years, telework provisions have been incorporated into many federal unions’ collective bargaining agreements with agencies. AFGE promised to “aggressively defend” its contracts if any violations arise.

“Union contracts are enforceable by law, and the president does not have the authority to make unilateral changes to those agreements,” AFGE National President Everett Kelley said in a statement. “AFGE will not let the lawless actions of this administration or any agency go unchallenged, and we will use every option available to us to defend our contracts and support the hardworking civil servants who serve our country with honor and distinction.”

OPM’s latest guidance also comes after Trump signed a Jan. 31 memo aiming to reverse recent contracts between agencies and federal unions. The White House memo on “limiting lame-duck collective bargaining agreements” calls on agencies to disapprove any union agreements signed in the final 30 days of former President Joe Biden’s presidency.

“Such CBAs inhibit the president’s authority to manage the executive branch by tying his hands with inefficient and ineffective practices,” the White House memo states.

The administration’s efforts, however, will likely run into legal battles with federal unions. AFGE described Trump’s move as one “aimed at frightening and confusing federal employees.”

The Trump administration’s actions on federal union contracts also come after the Social Security Administration signed a collective bargaining agreement with AFGE in November to secure telework options for bargaining unit employees through 2029. AFGE also reached an agreement with the Education Department on Jan. 17, which similarly extended telework and remote work arrangements for bargaining unit employees.

The union’s challenge against Trump’s return-to-office directive is just one of the moves federal unions have already made to push back against the administration’s attempts to overhaul the federal workforce. AFGE and the National Treasury Employees Union also both recently sued the administration over the reissuance of an executive order aiming to revive a policy similar to the previous Schedule F. The effort aims to reclassify broad swaths of federal positions to remove civil service protections to make them at-will employees.

In a statement on the lawsuit, Kelley said, “together, we can stop the efforts to fire hundreds of thousands of experienced, hard-working Americans who have dedicated their careers to serving their country.”

AFGE’s latest contracts also caught the attention of Republican leaders on the Oversight committee, who criticized the union for making “last-minute” agreements. A Jan. 31 letter from Oversight Chairman James Comer (R-Ky.) said AFGE’s recent agreements “unduly infringe” on the Trump administration’s ability to exercise his authority over the federal workforce in the executive branch.

“CBAs entered into by the outgoing administration with AFGE should not undermine President Trump’s ability to bring the federal workforce back to the office to better serve the American people,” Comer wrote.

In the letter, Comer requested AFGE’s documentation and communications on all its collective bargaining agreements signed in the final weeks of the Biden administration.

In early January, former SSA Commission Martin O’Malley told lawmakers on the House Oversight and Government Reform Committee that the agreement still leaves telework arrangements up to agency managers and supervisors, and that it follows suit with contracts the agency previously signed with its other two federal unions.

Many proponents of federal telework have said it’s a tool that improves productivity, efficiency, recruitment and retention of federal employees, while also leading to significant cost savings.

Still, in Monday’s memo, OPM directed agencies to move forward with the return-to-office push, and not incorporate any collective bargaining provisions that would prevent compliance with the executive action. The memo also tells agencies that any midterm collective bargaining should wait until after federal employees have returned to fully in-person work.

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