Telework Memorandum FAQ & Guidance
1. What is the new Telework Memorandum, and is it in effect now?
OPM recently issued a memorandum that strongly encourages agencies to review and potentially adjust their telework and remote work policies, in line with the President’s guidance. However, this guidance is not immediately effective—it is a proposal, not a final directive. Any changes must still follow legal requirements and your Collective Bargaining Agreement (CBA).
2. Does the Telework Memorandum override our Collective Bargaining Agreement?
No. Your CBA is a legally binding contract between the agency and the union. It governs your telework rights and must be followed. If management wants to make changes to telework, they must abide by both the law and the negotiated provisions in your CBA.
3. What does the Telework Enhancement Act of 2010 say?
The first lines of the Act state:
“To require the head of each executive agency to establish and implement a policy under which employees shall be authorized to telework, and for other purposes.”
Key word: “shall”—meaning agencies must authorize telework, not “should” or “may.” Any telework policy changes must respect this statutory requirement.
4. Are agencies still required to negotiate these telework changes?
Yes. Executive Order 14025 (which affirmed the need to bargain over workplace changes) has not been rescinded. Therefore, any modifications to telework or remote work arrangements are still subject to mandatory negotiation with the union.
5. What if management tries to implement changes immediately?
While management can act quickly, doing so unlawfully often leads to eventual corrections through the grievance process. Correcting such actions takes time, so we encourage patience and a methodical response. If you see improper directives:
- Notify your local union leadership.
- Document any management statements or directives.
- Await guidance from the National Executive on next steps.
6. What should I do if I’m asked to end or change my telework arrangement abruptly?
Refer to your CBA. It is the guiding document outlining your telework rights. If the agency’s request conflicts with the CBA:
- Let your union representative know immediately.
- Do not sign or agree to any revised telework agreements without consulting your union if those terms contradict your negotiated rights.
7. Why is patience important right now?
As history shows, “Dumb loses more than smart wins.” Management can take the wrong action quickly, but correcting it appropriately through legal and contractual remedies requires time. Rest assured, the union is prepared to protect your rights, but this process does not happen overnight.
8. Who can I contact for more information or support?
- Your local union steward or representative is your first point of contact.
- You may also reach out to the National Executive if you receive any official notice or demand to change telework that appears to violate your CBA.
We will review these notices and provide guidance as soon as possible.
Key Takeaways
- No one is above the law—the agency must follow the law, the Telework Enhancement Act, and your CBA.
- Your CBA is legally binding—it’s not just a suggestion. The agency cannot unilaterally reinterpret or ignore its telework provisions.
- Telework is mandatory to offer, under the Telework Enhancement Act of 2010.
- Executive Order 14025 is still in effect, requiring negotiation over workplace changes.
- If management proposes ending or drastically changing telework, notify the union immediately.
- Be patient. Correcting improper management actions takes time, but we have successfully navigated challenges before.
Final Note
“Yes, we are back in unprovoked, visceral, and cutting actions by an administration against the lunchpail workers who do America’s business. We got through this last time—we will get through it this time.”
Stay informed, stay patient, and always reach out to your union reps with questions or concerns. We are here to help protect your rights and ensure the law, and your CBA, are followed.
This FAQ is meant for informational purposes and reflects the National Executive’s initial guidance. Always consult your union leadership for the most up-to-date advice and assistance.
